The TRIPS agreement allows developing countries to issue compulsory licenses to import generic drugs for diseases such as HIV/AIDS if a country confirms that it cannot manufacture them domestically. In addition, governments can approve the domestic production of generic versions of patented drugs during emergency public health situations if they fail to reach an agreement with the patent holder, according to the agreement (Kaiser Daily HIV/AIDS Report, 8/21). According to MSF, newer antiretrovirals and other drugs are still too expensive for developing countries, despite the TRIPS agreement. Some critics of the agreement have said that the process involved with issuing compulsory licenses is too complicated, preventing generic drug manufacturers from producing less expensive versions of patented drugs. According to an Oxfam report released on Tuesday, the World Health Organization has found that 74% of HIV/AIDS-related medications are still under patent and that 77% of people living in Africa lack access to any antiretrovirals -- primarily because of pressure from wealthy nations on developing countries to comply with patents held by international pharmaceutical companies, according to the report (AP/International Herald Tribune, 11/14). Since the TRIPS agreement was signed in 2001, "rich countries have failed to honor their promises," the report says, adding, "Their record ranges from apathy and inaction to dogged determination to undermine the declaration's spirit and intent. The U.S., at the behest of the pharmaceutical industry, is uniquely guilty of seeking ever higher levels of intellectual property protection in developing countries" (Boseley, Guardian, 11/14).
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