Compulsory Licensing: Convey Your Say

The U.K. Patent Office is inviting responses inward its Consultation on the Proposed Regulation on Compulsory Licensing of Pharmaceutical Patents for Export to Countries amongst Public Health Problems. The consultation considers a proposed European Union Regulation that would permit compulsory licenses to endure granted inward the European Union where developing countries attain non get got the manufacturing capacity to attain pharamceuticals to encounter urgent world wellness problems. Ordinarily, the TRIPs Agreement limits the grant to compulsory licences to situations where in that location is a require on the marketplace inward which the licence is beingness granted. However, next the Doha Declaration on Public Health inward 2001, the WTO decided to brand an exception to this dominion yesteryear allowing WTO Members to grant compulsory licences for the production together with sale of patented pharmaceutical products intended for export to 3rd countries amongst insufficient or no manufacturing capacity inward the pharmaceutical sector. The mode that this is achieved is yesteryear waiving the TRIPs restriction on compulsory licences for export iN the relevant countries.

The European Union Regulation is seeking to innovate this exception across the EU. It includes safeguards against merchandise diversion together with rules to ensure transparency, together with provides for futurity replacement of the WTO Decision yesteryear an amendment to the TRIPs Agreement.

Those who want to accept business office inward the consultation should electronic mail medicinesexport@patent.gov.uk yesteryear 23 May 2005 or follow the instructions on the Patent Office website.

has a slap-up bargain of sympathy for the plight of those inward require of pharmaceuticals inward developing countries. However, he notes that the purpose of compulsory licences is ordinarily to larn the production inward interrogation on the marketplace where the patent holder is failing to exploit the patent. This is non the instance here, where in that location is no show that the patent holders wouldn’t used the patents for the payment of a feel. is at to the lowest degree heartened yesteryear the fact that in that location volition endure measures to halt the resulting products getting dorsum on to the European Union market, though he wonders how effective they volition endure inward practice.

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