MEDICAL INNOVATION

Intellectually property in Public Health & Medical Innovation

Intellectually property in Public Health & Medical Innovation

Introduction

As recalled by the World Health Organization (WHO), in Article 1 of the Declaration Alma Ata on 12th September 1978, health is a state of complete physical, mental and social and not merely in the absence of disease or infirmity, is a fundamental human right. The accession, at the highest possible health, is a social objective which is an extremely valuable concern worldwide and requires the participation of many sectors socioeconomic other than health (Carter 2002, 1).

A detailed review of the UNDP report shows that states are concerned by the decline, mainly located in southern Africa, an area also most affected by certain pandemics; the most important is the HIV / AIDS. The national prevalence of people with the disease in each of these states is greater than 15%, which are the highest rates worldwide with a record 26% found in Swaziland in 2006. The numbers of higher patient in South Africa are 5.7 million HIV positive people in 2007 (Carter 2002, 1).

There are many stages and a large investment of time and money. Both are involved in the process of Research and Development before a new drug can be prescribed for clinical use. Of thousands of new molecular entities, only one or two are approved for commercialization, after having endured a trajectory of 12 to 15 years in clinical trials in both animals and humans, demonstrating their therapeutic effectiveness and safety. There are three large administrators of medicines that control the process of new drug registration, the FDA - Food and Drug Administration of the USA being the largest and most well known. However, the main challenge still remains, which is to guarantee the access of basic medicines to the majority of the world's population that is still without them (Congressional 1986, 1).

Adoption of a global Medical Innovation Prize fund paid for by industrialized nations to reward new drug and vaccine developments on the basis of their health impact as proposed by WHO and WIPO

Pharmaceuticals have long been excluded from any notion of intellectual property is given the reluctance of states to enforce business rules in the field of health products. However, the expansion of the patent system and the development of the pharmaceutical industry eventually get the better of the drug design. International law therefore, also follows this trend. For many years, literary conventions property had a flexible scope, leaving considerable freedom of choice for states. This has been a profound change in the Marrakesh Declaration of 15 April 1994 establishing the World Trade Organization (WTO). The Basic Agreement is the result of negotiations conducted under the Cycle Uruguay Round of GATT. It consists in particular of the WTO Agreement which is attached Agreements on trade in goods, trade in services, intellectual property, dispute settlement mechanism and the Trade Policy Review as well as agreements.

A detailed review of the UNDP report shows that states are concerned by the decline mainly located in ...