A viable economic solution is necessary to address the shortcomings, textual ambiguities, and deficiencies engulfing international patent protection, leading to the inability of LDCs facing public health crises or national emergencies and lacking pharmaceutical manufacturing facilities to obtain generic pharmaceuticals. This Note poses a solution to this problem via another Amendment to the TRIPS Agreement and the Doha Declaration, which provides a mathematical framework to determine when and under what circumstances a compulsory license should be granted. Furthermore, this Note contemplates establishment of a WTO subcommittee to oversee this proposed solution and to ensure compliance with this Amendment. This concrete solution will drastically improve access to pharmaceuticals for the LDC’s in dire need of them.
Ashley E. Sperbeck,
A Mathematical Solution to the Sine of Madness that is Pharmaceutical Compulsory Licensing Under the TRIPS Agreement and the Doha Declaration,
23 Marq. Intellectual Property L. Rev. 21
Available at: https://scholarship.law.marquette.edu/iplr/vol23/iss1/4
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