Correa C: consequences of bilateral free trade agreements on access to medicines. Bulletin of the World Health Organization. 2006, 84 (5): 399-404. 10.2471/BLT.05.023432. Health Gap: The Impact of India`s Amended Patents Act on Affordable HIV Treatment. Global Access Project. 2005 [www.healthgap.org/press_releases/05/020105_HGAP_FS_INDIA_IPR.pdf] Third, the patent protection period was extended as part of the TRIPS plus measures. Bilateral agreements between the United States and Jordan, Chile, Australia and the proposals under the free trade agreement effectively extend the patent protection period . A related form of patent extension is Evergreening, a term that refers to patent protection of inventions, unlike drugs that may actually have multiple patents. A ”new use” for existing compounds or a change in dose or form may form the basis for the application for an extension of the patent protection period, thereby preventing the production of generic versions of the drug. Although this is not permitted under the TRIPS agreement, many free trade agreements contain the ”new use” clauses.
Even if a ”new use” request is not successful, the notification process can cause significant delays, particularly when applications are involved in disputes over a possible patent infringement . Attempts to allay public health concerns culminated in the Doha Declaration in 2001, followed by the implementation of the paragraph 6 decision in 2003. Together, the two statements clarify the need for access to generic drugs and the availability of available provisions. One of the main results was the waiver of Article 31, point f) of the TRIPS agreement, which authorizes the granting of a compulsory licence only for national use. This paragraph excluded the production of generic medicines for export to countries without their own domestic capacity, so that the poorest countries did not have access to generic medicines. The waiver allowed a country to issue a compulsory license for domestic use or export on the basis of public health needs . Faunce T: global protection of the intellectual property of ”innovative” medicines. globalization and health, the challenges of health law and bioethics.