Doha Declaration and Health Concern of Developing Countries
Delhi Law Review Vol. 23, pp. 145-164, 2001
Posted: 4 Jan 2005
The right to health is vital for development as well as for exercising other human rights, and states - which are under an obligation to ensure its realisation - cannot abdicate this duty by merely making a deliberate choice of moving on the path of liberalisation. At the same time, right to protect and exploit one's intellect is equally important for the development of society and for encouraging creativity. As neither of these facets of development can be abandoned without much damage to the basic object of survival, there is a need to achieve a reasonable and equitable balance.
Taking India as a representative case of developing countries, this article argues that even though the TRIPs Agreement unreasonably protects intellectual property rights and unduly favours developed countries yet some of its provisions and the Doha Declaration could be utilised by developing countries for the effective realisation of human right to health. At the same time, it is suggested that developing countries should continue to negotiate collectively in international arena so as to protect their special interests.
Keywords: TRIPS Agreement, Doha Declaration, Right to Health, Developing Countries
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