COMPULSORY LICENSING CONFRONTING GREEN DEVELOPMENT: A ANALYSIS OF THE INTERNATIONAL INTELLECTUAL PROPERTY RIGHTS REGIME

Abstract

The Doha Declaration emphasises the importance of addressing public health issues in developing and least-developed countries, particularly those related to HIV/AIDS, tuberculosis, malaria, and other epidemics. It also highlights the necessity of the TRIPS agreement for dealing with these problems and stresses that intellectual property protection is crucial for developing new medicines(Abbott, 2005). Additionally, it clarifies that member countries are not prevented from taking necessary action to protect public health under the TRIPS agreement. However, while the Doha Declaration specifically focuses on pharmaceutical products and public health issues related to diseases like HIV/AIDS, there is a need for further clarification regarding its scope.

According to findings from WHO, there is a correlation between environmental factors and public health. The declaration focuses on access to medicine as having a strong immediate impact on public health crisis compared to green technology which aligns more with long-term environmental improvement goals.¹

Both disease and climate change present real threats to public healthcare systems around the world; however one notable difference lies in their precise use of medicine compared to how loosely defined green technology's potential effect might be on global medical care system sustainability.

This is particularly important for developing countries that may face challenges in accessing affordable medicines and implementing effective healthcare infrastructure. Therefore, prioritizing access to affordable medicines and building strong healthcare systems are key