navigating the patent maze

In 2001, at a WTO (World Trade Organization) meeting in Doha, Qatar, a declaration by member countries gave voice to world health problems and provided a mandate for implementing a solution within the framework of the TRIPS (Trade-related aspects of intellectual property) agreement to facilitate access to medications. 

…we affirm that the Agreement can and should be interpreted and implemented in a manner supportive of WTO members’ right to protect public health and, in particular, to promote access to medicines for all.

The solution finally forged was to waive the restriction in TRIPS with respect to
pharmaceutical patents that products made under compulsary licenses
must be "predominantly for the supply of the domestic market" of the
Member country granting such a license.  The waiver has now been made permanent.

Background:  The Doha declaration specifically enumerated public
health crises, such as HIV/AIDS, tuberculosis, malaria and other
epidemics, as within the scope of a national emergency that could
trigger the use of compulsary licenses.  Countries without
pharmaceutical manufacturing capability, however were still excluded
from the benefits of patented treatments.  To rectify this problem, exportation of pharmaceuticals from manufacturing countries is allowed. 

A stumbling block for acceptance of this solution remained:  developed countries and others where pharmaceutical patenting is prevalent would import the cheaper medications and thereby effectively defeating the patent system.  A number of countries have announced that they will not use the system to import, while others have limited the circumstances that could trigger importation. 

A certain amount of trust among Members is still required to avoid undermining patent systems.  A separate statement issued by the committee chair describes a “shared understanding” on how the decision is
interpreted and implemented.  Furthermore, It says the decision will be used in good faith in
order to deal with public health problems and not for industrial or commercial
policy objectives.