Compulsory Licenses Under TRIPS: An Introduction
Cynthia M. Ho, ACCESS TO MEDICINE IN THE GLOBAL ECONOMY: INTERNATIONAL AGREEMENTS ON PATENTS AND RELATED RIGHTS, Oxford University Press, April 2011
Loyola University Chicago School of Law Research Paper NO. 2011-030
33 Pages Posted: 5 Sep 2011
Date Written: February 2, 2011
Abstract
This chapter aims to bring clarity to the contentious and confusing question of what types of compulsory licenses are permissible under TRIPS.
This chapter first clarifies the TRIPS rules on compulsory licenses and, in particular, distills the dozen complex provisions regarding compulsory licensing into more logical categories for explanation. Th e chapter also provides an illustration of how a country can craft a compulsory licensing law to promote access to medicine while simultaneously complying with TRIPS. The chapter concludes with a discussion of issues beyond the scope of TRIPS that countries must consider in connection with the benefits and costs of issuing compulsory licenses.
This chapter provides an essential background to understanding a procedure involving a “waiver” of one of the usual TRIPS requirements to help provide low-cost drugs to poor countries, as described in more detail in Chapter 7 (available at http://ssrn.com/abstract=1922825). In addition, detailed discussion of the reasons for confusion and misinformation as well as the underlying issues they likely mask are discussed in Chapter 6 (available at http://ssrn.com/abstract=1922824).
Keywords: patent, compulsory license, TRIPS, drugs, pharmaceutials, Thailand, emergency
JEL Classification: F13, K11, K19, K, 20, O34, O31, K33, H51, I18, F13, L52, L98
Suggested Citation: Suggested Citation