Trips-Plus Provisions in Free Trade Agreements (Ftas) Vis-A-Vis Public Health- Issues and Challenges for Developing

Abstract

This paper is concerned with the issues surrounding the recent trend by developed countries to introduce TRJPS plus regime in international f PR and trade law and challenges that could be faced by India in this regard. As has been observed recently, developed countries with rich JP por(folios are in the process of advocating and implementing a TRJPs-plus era in the various Free-Trade Agreements (FTAs) concluded between various countries that may have detrimental effects on the public health interests of the developing countries. The paper begins by giving a background of TRJPs; the second part of the paper deals with development of TRJPs-plus era and the related public health concerns and its effects on access to medicines in India. lastly, the paper concludes with the suggestion that the legislature and the judiciary may play a key role in balancing the conflicting interests of the developing countries and the industrialized nations while implementing TRJPs-Plus JP clauses in FTAs under domestic law.