12 Oct Trips Agreement For Bangladesh
99 Ibid. In a proposal to the World Health Organisation, it was stated that Article 7 is a key provision defining the objectives of the TRIPS Agreement. It clearly notes that the protection and enforcement of intellectual property rights are not empty. They must benefit society as a whole and are not only intended to protect private rights” and should be used in a manner “mutually exploited by producers and users` knowledge; social and economic well-being; and the balance of rights and duties. Council Discussion on Access to Medicines, TRIPS, Developing Country Group`s Paper – Submitted by the Africa Group, Barbados, Bolivia, Brazil, Dominican Republic, Ecuador, Honduras, India, Indonesia, Jamaica, Pakistan, Paraguay, Philippines, Peru, Sri Lanka, Thailand and Venezuela (IP/C/W/296) 18 (19 June 2001), www.wto.org/english/tratop_e/trips_e/paper_develop_w296_e.htm. The provision of the TRIPS Agreement should therefore be read in the light of the objectives and principles set out in Articles 7 and 8. This interpretation is supported by the Vienna Convention on the Law of Treaties (concluded at Vienna on 23 May 1969), which provides in article 31 that “[a] treaty shall be interpreted in good faith in accordance with the ordinary meaning to be given to the provisions of the treaty in their context and in the light of its object and object”. Ibid., 17. 98 Consequently, under the patent regime, the least developed countries, such as Bangladesh, should not decide to extend the term of validity of patents and should not agree, in future free trade agreements (FTAs), on patent conditions going beyond the ad hoc agreement. Again, the Bangladeshi government must develop implementing rules so as not to create barriers to the production and supply of generic medicines. 109The accessibility of medicines by individual patients in the least developed countries is an important factor affecting access to care and treatment204 However, in most countries, control of the cost of medicines is in one form or another.
In Australia, for example, “new drugs are offered at the same price with no advantage over existing products”.205 and “If clinical trials show superiority, incremental cost-effectiveness is assessed to determine whether a product offers better value for money at the desired price”.206 The UK has a system for regulating drug prices – a voluntary agreement between the Department of Health and the Association of the British Pharmaceutical Industry – so that companies negotiate profit rates. 207 In France, Italy and Belgium, prices are set in relation to relative costs and contribution to the economy.208 The most obvious advantage of opt-out is that companies can produce any desired medicine, which significantly reduces costs and improves availability. . . .