نوع مقاله : علمی پژوهشی
1 استادیار دانشکده حقوق دانشگاه آزاد اسلامی، واحد علوم و تحقیقات تهران
2 عضو هیئت علمی دانشگاه آزاد اسلامی، واحد مراغه
عنوان مقاله [English]
The right to access to essential and lifesaving drugs is considered as one of the most fundamental human rights which is necessary for the enjoyment of mental and physical health. However, this right has not been clearly defined in any international human rights document. With reference to international intellectual property law, one of the most important problems regarding this right is international protection for medical innovations. It is worth mentioning that a potential conflict may occur between international intellectual property law and international human rights law. TRIPS agreement has provided some flexibilities for adjustment and solving this potential conflict. In accordance with TRIPS agreement, states are obligated to enter into negotiations with patent holders for issuing licenses. Furthermore, in this article it is argued that in times of public emergency and other extreme emergency positions, such as epidemics, states are empowered to issue compulsory licenses without meeting the provided conditions in TRIPS agreement. Moreover, Doha Declaration and TRIPS Council Decision have established a new framework for issuing compulsory licenses.
Cases and Materials