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Malaysia’s Experience in Increasing Access to Antiretroviral Drugs: Exercising the ‘Government Use’ Option (No. 9)

USD 6.00 Publisher: TWN
ISBN: 983-2729-61-0
Year: 2006
No. of pages: 32
Size of book: 16.5cm x 24cm
Author: Chee Yoke Ling
About the Book

An HIV epidemic is knocking on Malaysia's door.

The prices of some antiretroviral (ARV) drugs have become increasingly high.

About 75% of HIV positive persons in Malaysia are intravenous drug users who largely cannot afford treatment.

In a direct and determined response to the above scenario, the Ministry of Health (MOH) in Malaysia initiated an experience that may be useful for other developing countries.

It resulted in Malaysia becoming the first country to issue a compulsory licence following the adoption of the Doha Declaration on TRIPS and Public Health by the 2001 Ministerial Conference of the World Trade Organisation (WTO).

TWN took an active part in this process by providing information to relevant government agencies regarding developments related to access to affordable medicines, intellectual property rights and the WTO TRIPS Agreement.

About the Author

CHEE YOKE LING is a Legal Advisor to TWN. Of particular concern in her work is the ecological, social and economic impact of globalisation, especially in the developing countries of the South.

Contents
  1. Background

  2. Access to ARVs

  3. From Negotiations to Government Use
    'Adequate Remuneration'

  4. The Next Step: Encouraging Domestic Manufacture and Using TRIPS Flexibilities
    Bilateral Free Trade Agreements Government Use in Indonesia             
Conclusion      

APPENDICES          

Appendix 1:  Form 11, Patents Act 1983: Application for Compulsory Licence (Patents Regulations 1996 - Regulation 38) (Malaysia)

Appendix 2: Authorisation for exploitation of patented invention in Malaysia under Section 84(1)(a), Patents Act 1983 ('Government Use' provision)

Appendix 3:  Open Letter to Prime Minister Datuk Seri Abdullah Ahmad Badawi – Appeal for Malaysians to have access to affordable medicines (3 March 2006)

Appendix 4:  Presidential Decree No. 83 of 2004 Regarding Exploitation of Patent by the Government on Anti Retroviral Drugs (Indonesia)

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This product was added to our catalog on Monday 16 January, 2012.



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