Trade pressures should not be used against developing countries over access to essential medicines if those countries have satisfied WTO requirements for the protection of patents. Developing countries should not be prevented from using compulsory licensing to expand access to medicines, if the compulsory licenses are issued in compliance with Article 31 of the TRIPs agreement. Compulsory licensing may be necessary to overcome market failures, such as those that are related to complex inventions, follow on inventions, or for providing access to inventions on reasonable terms. Trade sanctions should not be brought against poor countries seeking parallel imports to get cheaper pharmaceuticals for their citizens. Provisions must be made to ensure that access to community medicines and local plants is maintained and protected.
Community medicines are an alternative for many poorer consumers world-wide.
Technical expertise should be provided so that communities can be granted patents for these drugs and benefit from their development and sale. The WTO should identify and support regional and national intellectual property offices. These offices could disseminate information about the patenting process and liaise with local communities to protect their access to alternative forms of medicine. WHO expertise must be recognised. The WHO plays an essential role in helping countries comply with trade agreements, whilst protecting public health.