The adoption of the Doha Health Declaration was the result of the intense health crises faced, in particular by most sub-Saharan countries affected by HIV/AIDS and the fact that medicines, although available, were highly expensive. It can, to a large extent, be treated as a response to the specific crisis that was most visible at the time rather than as a broader solution to problems of access to drugs in developing countries. In other words, the Declaration is, in large part, a response to the fact that drugs to address the HIV/AIDS condition were available but at completely unaffordable prices for most patients in developing countries.

The significance of the Declaration stems from its recognition that the existence of patent rights in the health sector does not stop states from taking measures to protect public health. More specifically, it affirms that TRIPS should be ‘interpreted and implemented in a manner supportive of WTO Members' right to protect public health and, in particular, to promote access to medicines for all'⁵². The Declaration is important for developing countries insofar as it strengthens the position of countries that want to take advantage of the flexibility within TRIPS Agreement. It does not open new avenues within TRIPS but confirms the legitimacy of measures seeking to use, to the largest extent possible, the in-built flexibility found in TRIPS. Further, it grants least developed countries a further ten years to implement their patent obligations with regard to medicines. While the Doha Health Declaration has contributed to softening the tone of international debates concerning access to medicines in the context of TRIPS, it stops short of addressing the fundamental question of the relevance and need for patents on drugs in developing countries and in particular in least developed countries. Some of the reservations for developing countries concerning genetic biodiversity are as follows:

Notes and References

⁵² Paragraph 4, Doha Health Declaration.