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...

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Main Authors: Abbott, Frederick M., Van Puymbroeck, Rudolf V.
Format: Publication
Language:English
en_US
Published: Washington, DC : World Bank 2012
Subjects:
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
id okr-10986-7269
recordtype oai_dc
spelling okr-10986-72692021-04-23T14:02:28Z Compulsory Licensing for Public Health : A Guide and Model Documents for Implementation of the Doha Declaration Paragraph 6 Decision Abbott, Frederick M. Van Puymbroeck, Rudolf V. ANTI-COMPETITIVE PRACTICES CANCER COMMERCIAL POLICY COMMERCIAL USE COMPONENT MATERIALS COMPULSORY LICENSES COMPULSORY LICENSING DEVELOPED COUNTRIES DOMESTIC LAW DOMESTIC LEGISLATION DOMESTIC MARKET DOMESTIC SUPPLY ECONOMIC VALUE ECONOMIES OF SCALE EFFECTIVE USE EXERCISES EXPORTING COUNTRIES EXPORTING COUNTRY FINISHED PRODUCTS IMPORTING COUNTRIES IMPORTING COUNTRY INCOME INCOME COUNTRIES INTELLECTUAL PROPERTY INTELLECTUAL PROPERTY RIGHTS INTERNATIONAL COMMUNITY INTERNATIONAL ORGANIZATIONS INTERNATIONAL TRADE INTRA-REGIONAL TRADE LEGAL FRAMEWORK LEGAL ISSUES LEGAL REQUIREMENT LEGAL RULES LEGAL SIGNIFICANCE LEGAL STATUS LOCAL PRODUCTION MALARIA MEDIA MEDICINES MEMBER COUNTRIES MEMBER COUNTRY MEMBER STATES MULTILATERAL NEGOTIATIONS NATIONAL COURT NATIONAL LAW NATIONAL LEGISLATION PARTNERSHIP PATENT PROTECTION PATENTED PROCESS PATENTS PATIENTS PRODUCT PATENT PUBLIC HEALTH PUBLIC NON-COMMERCIAL USE REGIONAL TRADE REGIONAL TRADE AGREEMENT REGIONAL TRADE ARRANGEMENTS REGULATORY FRAMEWORK SUBSIDIARY RIGHTS TAXATION TECHNICAL ASSISTANCE TECHNOLOGY TRANSFER TRADE DIVERSION TRADE POLICIES TRADE REGIME TRIPS AGREEMENT TRIPS] AGREEMENT WORLD TRADE WORLD TRADE ORGANIZATION WTO WTO AGREEMENT WTO MEMBERS 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. 2012-06-06T16:17:09Z 2012-06-06T16:17:09Z 2005 http://documents.worldbank.org/curated/en/2005/07/6258659/compulsory-licensing-public-health-guide-model-documents-implementation-doha-declaration-paragraph-6-decision 0-8213-6292-5 http://hdl.handle.net/10986/7269 English en_US World Bank Working Paper series;no. 61 CC BY 3.0 IGO http://creativecommons.org/licenses/by/3.0/igo/ World Bank Washington, DC : World Bank Publications & Research :: Publication Publications & Research :: Publication
repository_type Digital Repository
institution_category Foreign Institution
institution Digital Repositories
building World Bank Open Knowledge Repository
collection World Bank
language English
en_US
topic ANTI-COMPETITIVE PRACTICES
CANCER
COMMERCIAL POLICY
COMMERCIAL USE
COMPONENT MATERIALS
COMPULSORY LICENSES
COMPULSORY LICENSING
DEVELOPED COUNTRIES
DOMESTIC LAW
DOMESTIC LEGISLATION
DOMESTIC MARKET
DOMESTIC SUPPLY
ECONOMIC VALUE
ECONOMIES OF SCALE
EFFECTIVE USE
EXERCISES
EXPORTING COUNTRIES
EXPORTING COUNTRY
FINISHED PRODUCTS
IMPORTING COUNTRIES
IMPORTING COUNTRY
INCOME
INCOME COUNTRIES
INTELLECTUAL PROPERTY
INTELLECTUAL PROPERTY RIGHTS
INTERNATIONAL COMMUNITY
INTERNATIONAL ORGANIZATIONS
INTERNATIONAL TRADE
INTRA-REGIONAL TRADE
LEGAL FRAMEWORK
LEGAL ISSUES
LEGAL REQUIREMENT
LEGAL RULES
LEGAL SIGNIFICANCE
LEGAL STATUS
LOCAL PRODUCTION
MALARIA
MEDIA
MEDICINES
MEMBER COUNTRIES
MEMBER COUNTRY
MEMBER STATES
MULTILATERAL NEGOTIATIONS
NATIONAL COURT
NATIONAL LAW
NATIONAL LEGISLATION
PARTNERSHIP
PATENT PROTECTION
PATENTED PROCESS
PATENTS
PATIENTS
PRODUCT PATENT
PUBLIC HEALTH
PUBLIC NON-COMMERCIAL USE
REGIONAL TRADE
REGIONAL TRADE AGREEMENT
REGIONAL TRADE ARRANGEMENTS
REGULATORY FRAMEWORK
SUBSIDIARY RIGHTS
TAXATION
TECHNICAL ASSISTANCE
TECHNOLOGY TRANSFER
TRADE DIVERSION
TRADE POLICIES
TRADE REGIME
TRIPS AGREEMENT
TRIPS] AGREEMENT
WORLD TRADE
WORLD TRADE ORGANIZATION
WTO
WTO AGREEMENT
WTO MEMBERS
spellingShingle ANTI-COMPETITIVE PRACTICES
CANCER
COMMERCIAL POLICY
COMMERCIAL USE
COMPONENT MATERIALS
COMPULSORY LICENSES
COMPULSORY LICENSING
DEVELOPED COUNTRIES
DOMESTIC LAW
DOMESTIC LEGISLATION
DOMESTIC MARKET
DOMESTIC SUPPLY
ECONOMIC VALUE
ECONOMIES OF SCALE
EFFECTIVE USE
EXERCISES
EXPORTING COUNTRIES
EXPORTING COUNTRY
FINISHED PRODUCTS
IMPORTING COUNTRIES
IMPORTING COUNTRY
INCOME
INCOME COUNTRIES
INTELLECTUAL PROPERTY
INTELLECTUAL PROPERTY RIGHTS
INTERNATIONAL COMMUNITY
INTERNATIONAL ORGANIZATIONS
INTERNATIONAL TRADE
INTRA-REGIONAL TRADE
LEGAL FRAMEWORK
LEGAL ISSUES
LEGAL REQUIREMENT
LEGAL RULES
LEGAL SIGNIFICANCE
LEGAL STATUS
LOCAL PRODUCTION
MALARIA
MEDIA
MEDICINES
MEMBER COUNTRIES
MEMBER COUNTRY
MEMBER STATES
MULTILATERAL NEGOTIATIONS
NATIONAL COURT
NATIONAL LAW
NATIONAL LEGISLATION
PARTNERSHIP
PATENT PROTECTION
PATENTED PROCESS
PATENTS
PATIENTS
PRODUCT PATENT
PUBLIC HEALTH
PUBLIC NON-COMMERCIAL USE
REGIONAL TRADE
REGIONAL TRADE AGREEMENT
REGIONAL TRADE ARRANGEMENTS
REGULATORY FRAMEWORK
SUBSIDIARY RIGHTS
TAXATION
TECHNICAL ASSISTANCE
TECHNOLOGY TRANSFER
TRADE DIVERSION
TRADE POLICIES
TRADE REGIME
TRIPS AGREEMENT
TRIPS] AGREEMENT
WORLD TRADE
WORLD TRADE ORGANIZATION
WTO
WTO AGREEMENT
WTO MEMBERS
Abbott, Frederick M.
Van Puymbroeck, Rudolf V.
Compulsory Licensing for Public Health : A Guide and Model Documents for Implementation of the Doha Declaration Paragraph 6 Decision
relation World Bank Working Paper series;no. 61
description 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.
format Publications & Research :: Publication
author Abbott, Frederick M.
Van Puymbroeck, Rudolf V.
author_facet Abbott, Frederick M.
Van Puymbroeck, Rudolf V.
author_sort Abbott, Frederick M.
title Compulsory Licensing for Public Health : A Guide and Model Documents for Implementation of the Doha Declaration Paragraph 6 Decision
title_short Compulsory Licensing for Public Health : A Guide and Model Documents for Implementation of the Doha Declaration Paragraph 6 Decision
title_full Compulsory Licensing for Public Health : A Guide and Model Documents for Implementation of the Doha Declaration Paragraph 6 Decision
title_fullStr Compulsory Licensing for Public Health : A Guide and Model Documents for Implementation of the Doha Declaration Paragraph 6 Decision
title_full_unstemmed Compulsory Licensing for Public Health : A Guide and Model Documents for Implementation of the Doha Declaration Paragraph 6 Decision
title_sort compulsory licensing for public health : a guide and model documents for implementation of the doha declaration paragraph 6 decision
publisher Washington, DC : World Bank
publishDate 2012
url 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
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