Legal Movements in IP: TRIPS, Unilateral Action, Bilateral Agreements, and HIV/AIDS

Abstract:     
In this contribution to the "NEXIS Symposium: An Interdisciplinary Forum on the Impact of International Patent and Trade Agreements in the Global Fight Against HIV & Aids," Professor Bagley looks beyond the WTO Doha Declaration to other patent and trade issues that may also significantly impact access to essential medicines. The Article begins with an overview of the relationship between the TRIPS Agreement and the HIV/AIDS pandemic which created the need for the Doha Declaration. It then discusses two trade-related movements, unilateral action and TRIPS-plus bilateral agreements, that call into question the long-term effectiveness of the multilateral TRIPS process generally and the benefits of the Doha Declaration in particular in addressing multiple facets of the access to essential medicines problem. The Article concludes that a consideration of these issues should be included in the development of any further TRIPS-related solutions to the HIV/AIDS pandemic.

Number of Pages in PDF File: 19

Accepted Paper Series