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BLOG@IP::JURPatent Attorney Axel H Horns' Blog on Intellectual Property Law.
Monday, September 01, 2003WTO member governments reach compromise over intellectual property protection and public healthThe decision waives WTO Member Countries’ obligations under a provision of the WTO’s intellectual property agreement. Article 31(f) of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement says that production under compulsory licensing must be predominantly for the domestic market. This effectively limited the ability of countries that cannot make pharmaceutical products from importing cheaper generics from countries where pharmaceuticals are patented.
In fact, the procedure to be observed by the poorer countries is rather complex, and prospective profits from illegal pharmaceutical trafficking are immense. Time will show whether or not this scheme really works.
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