Facilitating Compulsory Licensing Under Trips in Response to the Aids Crisis in Developing Countries

17 Pages Posted: 30 Aug 2005

See all articles by Hans Henrik Lidgard

Hans Henrik Lidgard

Lund University - Faculty of Law

Jeffery Atik

Loyola Law School Los Angeles

Date Written: August 2005

Abstract

The AIDS crisis in the developing world has become a priority for international collaboration. The challenge is to find a balance between the acknowledged need to protect large investments expended in developing new medicines and the goal of providing essential medicines to poor countries. Patent protection must prevent undue infringement yet at the same time allow solutions to humanitarian needs. Is compulsory licensing a way out? TRIPS originally restricted compulsory manufacturing licenses to the country experiencing a public health emergency - which was of little utility to countries lacking manufacturing capacity. The Doha agreement effectively permits twinned compulsory licensing - a distribution and use license in countries experiencing a public health emergency and a manufacturing-for-export license in countries possessing appropriate manufacturing capacity. These changes make possible, at least in principle, a greater source of supply of generic pharmaceuticals for use in those least developed countries confronting the AIDS crisis. It is still early to evaluate the results from the Doha agreement, but it appears that the agreed measures may entice ordinary market forces to start making contributions to an improving situation.

Suggested Citation

Lidgard, Hans Henrik Gunnar and Atik, Jeffery, Facilitating Compulsory Licensing Under Trips in Response to the Aids Crisis in Developing Countries (August 2005). Loyola-LA Legal Studies Paper No. 2005-18, Available at SSRN: https://ssrn.com/abstract=794228 or http://dx.doi.org/10.2139/ssrn.794228

Hans Henrik Gunnar Lidgard

Lund University - Faculty of Law ( email )

Lilla Gråbrödersgatan 4
Lund, 222 22
Sweden
046 - 222 11 29 (Phone)
046 - 222 44 44 (Fax)

Jeffery Atik (Contact Author)

Loyola Law School Los Angeles ( email )

919 Albany Street
Los Angeles, CA 90015-1211
United States
213-736-8369 (Phone)
213-380-3769 (Fax)

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