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Legal Notes to Guide Development of National Frameworks for Protection of Human Rights & Discrimination, and to Address other Legal Issues related to HIV/AIDS

June 2, 2005

Assessments of the legal frameworks relating to HIV/AIDS in the South Asian countries will be carried out. The assessments will take a public health perspective and focus on the legal protection of vulnerable groups. Existing laws and regulations will be compared with international norms and will be assessed for efficacy and implementation. The assessments will conclude with recommendations for reform.

Legal Protection of Vulnerable Groups by Rudolph V. Van Puymbroeck, June 2, 2005. Includes information on a) vulnerable groups; b) laws and incentitves or disincentives; c) the World Bank's response in the Caribbean; and d) a lesson from Australia. 

Legal Protection of Vulnerable Groups Lacking: A Major Challenge to Effective AIDS Programs in the Regions, June 2, 2005. The seminar featured a presentation by Rudolf Van Puymbroeck, who discussed his experience in dealing with these matters in the Caribbean where legislative reform components have been incorporated in a number of Bank-supported operations.

Compulsory Licensing for Public Health: A Guide and Model Documents for Implementation of the Doha Declaration Paragraph 6 Decision by Frederick M. Abbott and Rudolph V. Van Puymbroeck, March 2005. The Doha Declaration on the TRIPS Agreement and Public Health (in its paragraph 6) recognized that developing countries with insufficient or no manufacturing capacity in the pharmaceutical sector could face difficulties in making effective use of compulsory licensing under the TRIPS Agreement.

The WTO’s decision of August 30, 2003 set up a system intended to overcome these difficulties. The present work is a guide to the implementation of that system. The first part gives the reader an understanding of the issues involved; the second part provides model documents for use by governments. Four model instruments of notification are included: three for notification of the WTO as required by the Decision and one for notification of the patent or right holder pursuant to Article 31 of the TRIPS Agreement.

Since most countries will have to amend their legislation, typically their patent law, to implement the system, model amendment provisions have been provided both for exporting countries and for importing countries. All model documents contain their own detailed commentary.

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