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India seeks flexibility in TRIPs to ensure affordable drugs

India on Friday asked the World Trade Organisation to ensure that the TRIPs agreement does not prevent developing countries from formulating their own public health policies and providing affordable access to life saving drugs and medicines.

In a paper on Trade Related Intellectual Property Rights submitted to the WTO jointly with other countries, India said, "nothing in the TRIPs agreement should prevent the government from taking measures for protecting public health".

The paper said that in keeping with the public health concerns of developing countries, it should be clarified and reconfirmed that the government should be able to issue compulsory licences to achieve public policy objectives. Further it must be ensured that nothing in the TRIPs agreement limits the grounds for government to issue compulsory licences.

While it has been recognised that exclusive rights conferred by patents provide incentives for further investment in research and development, there is a need for a clear distinction to be made between exclusive rights of patent holders for medicines of life threatening drugs and those for cosmetic drugs, it said.

"The TRIPs council should explore ways to provide greater flexibility in interpreting the provisions relating to the compulsory licensing with a view to ensuring that members are able to provide affordable access to medicines including flexibility to issue complusory licences for exports also," the paper added.

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