Compulsory Licensing for Public Health: A Guide and Model Documents for Implementation of the Doha Declaration Paragraph 6 Decision

World Bank Working Paper No. 61

76 Pages Posted: 22 Aug 2011  

Frederick M. Abbott

Florida State University - College of Law

Rudolf V. Van Puymbroeck

Independent

Date Written: July 21, 2005

Abstract

The Doha Declaration on the TRIPS Agreement and Public Health (in its Paragraph 6) 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 WTO’s decision of August 3'8 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.

Keywords: Paragraph 6, August 30, 2003 Decision, Compulsory License, Pharmaceutical, TRIPS

JEL Classification: F10, F13, I18, K32, K33, O34

Suggested Citation

Abbott, Frederick M. and Van Puymbroeck, Rudolf V., Compulsory Licensing for Public Health: A Guide and Model Documents for Implementation of the Doha Declaration Paragraph 6 Decision (July 21, 2005). World Bank Working Paper No. 61. Available at SSRN: https://ssrn.com/abstract=1913854 or http://dx.doi.org/10.2139/ssrn.1913854

Frederick M. Abbott (Contact Author)

Florida State University - College of Law ( email )

425 W. Jefferson Street
Tallahassee, FL 32306
United States
850-644-1572 (Phone)
850-645-4862 or 917-591-3112 (Fax)

Rudolf V. Van Puymbroeck

Independent

No Address Available

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