Compulsory Licensing for Public Health : A Guide and Model Documents for Implementation of the Doha Declaration Paragraph 6 Decision
The Doha Declaration on the TRIPS Agreement and Public Health recognized that developing countries with insufficient, or no manufacturing capacity in the pharmaceutical sector could face difficulties in making effective use of compulsory licensing...
| Main Authors: | , |
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| Format: | Publication |
| Language: | English en_US |
| Published: |
Washington, DC : World Bank
2012
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| Online Access: | http://documents.worldbank.org/curated/en/2005/07/6258659/compulsory-licensing-public-health-guide-model-documents-implementation-doha-declaration-paragraph-6-decision http://hdl.handle.net/10986/7269 |
| Summary: | The Doha Declaration on the TRIPS
Agreement and Public Health 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 World Health Organization's (WTO)
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. Because 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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