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Trips and public health: solutions for ensuring global access to essential AIDS medication in the wake of the Paragraph 6 Waiver.
Journal of Contemporary Health Law and Policy. 2008 Fall; 25(1):142-65.In 2003, the World Trade Organization (WTO) proposed a waiver to the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), known as the "Paragraph 6 Waiver," in order to create flexibility for developing countries and to allow easier importation of cheap generic medication. ... To the companies who own pharmaceutical patents, the notion that a government can use their product without the permission of the patent holder seems unfair and counterproductive. ... Canada was one of the first countries to enact legislation for the sole purpose of exporting generic drugs to developing countries and its experience is indicative of the problems presented by compulsory licensing and the Paragraph 6 Waiver. ... Exact amounts and methods for determining remuneration vary but presumably a fair system would compensate patent holders for the loss of their patent rights while maintaining the system's cost effectiveness for countries issuing the compulsory licenses. (excerpt)
In: Women in the age of economic transformation. Gender impact of reforms in post-socialist and developing countries, [edited by] Nahid Aslanbeigui, Steven Pressman and Gale Summerfield. London, England, Routledge, 1994. 77-94.The author presents evidence that the World Bank's privatization of health care delivery has failed to improve the quality or quantity of health services in sub-Saharan Africa. Health care service has instead deteriorated and become more scarce. Since women have greater health care needs, especially during and after pregnancy, they have suffered the most from the attempt to limit the public provision of health care. Women's ability to influence health sector reforms is, however, hampered by their lack of political power, the weakened state, and the new role of the Bretton Woods organizations in setting national policies at the international level. Women are excluded from all decision-making jobs at the four highest levels of government in 21 African countries. Although African women join organizations in large numbers, they have only minimal impact upon state policies. There is no suggestion in the literature that women have succeeded in influencing the provision of social services by the private sector. Women's best hope in influencing international policy to make them become more responsive to women's needs is to make their voices heard in large international forums such as the Fourth World Conference on Women to be held in Beijing in September 1995.