Resource Author Francisco Rodriguez Higueras
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If you’re an artist, a writer, a lyricist, or anyone belonging to the artistic realm, especially if you are just new on the scene and you want to break in the market, it is just natural that you’ll do anything to succeed. But how do you do that without being exploited or being “used” (without being paid) and share your talents to the world and reap the fruits of your labor? It’s not easy for the artists and the creative people out there wanting to make a name for themselves and still being given to them what’s due to them.

Hence, the term “intellectual property” was coined. Maybe you’ve already heard this before–so, what is intellectual property? It applies to what the mind created and they include stuff like: inventions, literary works, artistic works, designs, images, symbols and names utilized for commercial purposes. According to Wikipedia, “It is legal property rights over creations of the mind, both commercial and artistic, and the corresponding fields of law.” And it’s a good thing we have the Intellectual Property Law to protect the artists’ rights. Intellectual property is classified into two groups, namely industrial property and copyrights. The industrial property is comprised of trademarks, industrial designs and patents.

A trademark is the intellectual property security or protection that is utilized to guard the unique features or characteristics which differentiate one product from another product. These features could consist of those things like: colors, brands, symbols, names, signs, shapes, smells and sounds.

This being said, we can clearly foresee that the better the protection of the patent is the higher the price of AIDS drugs will be. But many of AIDS drugs were developed before the TRIPS agreement, therefore not protected by this agreement. For those that are actually protected, some says (mostly the pharmaceutical companies), that this patent protection is a must because of having back the money invested for those research and will allow a pharmaceutical company to research even more; I don’t buy this argument stating that often it is governments that actually pays for most of those researches. In fact, with a program like the Scientific Research and Experimental Development (SR&ED) credit Tax given by the government, this is a very interesting incentive to Scientific Research not the reimbursement of all (100%) fees related those Scientific Research!.

On the view of both topics, the impact of a strict application of the TRIPS in regards to an adequate salary, and conclude by saying that there should be no linked between a salary and the amount pharmaceuticals companies can retain. Then Wojahn goes on, by mentioning few alternative solutions to the conflicts of both rights like a price controls (but this cost a lot to administer and creates tension), health insurance (most of them only covers up t0 50% and also it will require lots of funding), and direct donations and bulk purchasing (there are hidden cost associated with donations or that donations are preventing development of a generic drug in the county and there isn’t much a price reduction).

Finally, according to the VCLT that states in its s. 31 that a treaty has to be interpreted with good faith. Talking about interpretations, the first is to look at all the TRIPS itself. Another way to interpret a treaty and to enforce it even more is the recognition of the right to health as an international customs. There is also as mentioned the ICESCR where 143 countries are actually members, adding another way to enforce more effectively the right to health.