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

by Abbott, Frederick M.; Van Puymbroeck, Rudolf V.

• ISBN13: 9780821362921
• ISBN10: 0821362925
• Format: Paperback
• Copyright: 2005-07-30
• Publisher: World Bank

Summary

This work addresses the complexity of the WTO's August 30, 2003 decision on the implementation of paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health. It provides an explanation of the decision and model legal texts for the required notifications to the WTO and for the amendments of their patent law that most developing countries will need to pass in order to incorporate the decision in their domestic legal framework.

Table of Contents

Foreword	v
Abstract	vii
Acknowledgments	ix
Introduction	1	(6)
Part I The Doha Declaration and the Paragraph 6 Decision---A Concise Explanation	7	(8)
Paragraph 6: A Problem Left Unresolved	8	(1)
The Paragraph 6 Decision	9	(6)
Part II Model Legal Documents	15	(48)
Notification by Developing Country Member to Council for TRIPS of Intention to use System as Importer	17	(2)
Commentary	17	(2)
Importation under the Paragraph 6 Decision: Notification by Least-Developed Country Member	19	(4)
Commentary	20	(3)
Importation under the Paragraph 6 Decision: Notification by Developing Country Member	23	(4)
Commentary	24	(3)
Notification to Right Holder of Issuance of Compulsory License	27	(2)
Commentary	28	(1)
Patent Act Amendment for Exporting	29	(12)
Commentary	32	(9)
Patent Act Amendment for Importing	41	(22)
Commentary	44	(7)
Appendixes
A. Implementation of Paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health	51	(6)
B. General Council Chairperson's Statement	57	(4)
C. Declaration on the TRIPS Agreement and Public Health	61	(2)
D. Agreement on Trade-Related Aspects of Intellectual Property Rights, Article 31---Other Use Without Authorization of the Right Holder	63