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The TRIPS Agreement allows its member countries to exploit various

çflexibilities,é which may be utilized to devise patent protection to fit domestic

settings. As has been widely realized recently, according to Articles 7 and 8

of the Agreement, the flexibilities are able to satisfy diverse purposes, such

as public health promotion, limitation of the exclusive character of patent

regime, and transfer of technology. However, numerous international

agreements, both multilateral and bilateral, have set forth higher standards of

intellectual property protection through TRIPS-plus provisions.

This paper is comprised of 4 main parts. The second part

discusses policy mechanisms authorized by the TRIPS Agreement to ensure

pharmaceutical accessibility. The third part analyses the complications when

implementing those flexibilities by the developing countries. Last, the

conclusion and recommendation are rendered in the fourth part.

2. Major policy mechanisms to ensure pharmaceutical

accessibility permitted under the TRIPS Agreement

The TRIPS Agreement offers the flexibilities which the WTO members

could employ to devise their patent laws and policies to ensure the

accessibility to pharmaceuticals. The Agreement allows its parties to define

the scope of patentability requirements. The member states can, further,

establish the appropriate procedures to protect the quality of pharmaceutical

patents. In addition, under certain conditions set forth by the Agreement, the

parties may grant compulsory licenses to safeguard the domestic health

policies.

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