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

Frederick M. Abbott and Rudolf V. Van Puymbroeck

No 7269 in World Bank Publications - Books from The World Bank Group

Abstract: The Doha Declaration on the TRIPS Agreement and Public Health 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 World Health Organization's (WTO) decision of August 30, 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: International Economics and Trade-Trade and Regional Integration Health Monitoring and Evaluation Environmental Economics and Policies International Economics and Trade-Rules of Origin International Economics and Trade-World Trade Organization Environment Health; Nutrition and Population (search for similar items in EconPapers)
Date: 2005
ISBN: 0-8213-6292-5
References: Add references at CitEc
Citations: View citations in EconPapers (1)

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