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Carrying a Good Joke Too Far: TRIPS and Treaties of Adhesion

"A small, unindustrialized country enters into an agreement with a significantly larger, more industrialized country. The agreement must be signed before the small country is permitted to join an exclusive, wealth- generating organization. The small country is facing an epidemic of epic proportions. Already, twenty-two million of its citizens have died as a result of a deadly virus and over thirty million of its citizens are infected. Almost three million die every year. Thirteen million children are orphaned; 15,000 new people acquire the virus every day. The average fifteen-year-old citizen has more than a fifty percent chance of dying of the virus and is more likely to die of the virus than all other causes combined. Finally, while the virus attacks indiscriminately, it impacts the country's economic driving force-its farmers, teachers, blue-collar workers, young adults, and parents -particularly hard. The disease is treatable, but at a cost well out of reach of the country's citizens. The country attempts to address this crisis by implementing two methods, parallel importation and compulsory licensing, which will drastically reduce prices and ensure the supply of drugs at affordable prices. Upon enactment, the larger industrialized country demands that the smaller country halt implementation because the methods violate its obligations under the agreement." (Sound familiar? It should.)