Compulsory licensing under the TRIPS Agreement: A tool for Developing Countries' access to Technology Transfer

Abstract: In an era of globalization, international legal frameworks and vigorous international politics, we cannot refrain from hearing about the extensive health crisis of the developing world. HIV/AIDS, Malaria and drug resistant tuberculosis are only a few of the widespread disease which appear almost surreal to the citizens of the industrial world. The debates and discussions regarding the importance of aiding the developing nations inter alia through the international legal framework are persistent. The transfer of essential technology, such as pharmaceuticals, is vital if the crisis is to be eradicated, thus the need for an international legal framework which supports the needs of the developing world is indisputable. Since the international legal framework is immense, and far too comprehensive to be analyzed in a bachelor thesis, the purpose of this essay is to analyze the TRIPS-Agreement of the WTO, i.e. the Agreement on Trade Related aspects of Intellectual Property rights, and investigate to what extent this legal framework is a useful tool for technology transfer to the developing nations. Particularly, focus will be on compulsory licensing as a tool for technology transfer. The method employed was firstly a profound study of the TRIPS-Agreement and other relevant sources, followed by a research on compulsory licensing. Furthermore, due to the extent of the term “technology”, focus will be on pharmaceuticals.