Title: Compulsory licences: recent experiences in developing countries

Authors: Cecilia Oh

Addresses: Department of Technical Cooperation for Essential Drugs and Traditional Medicine (TCM), World Health Organization, Switzerland

Abstract: Since the adoption of the Doha Declaration, few countries have actually made use of the so-called TRIPS flexibilities. The paper examines the use of the TRIPS flexibilities, in particular, compulsory licensing, by developing countries in the post-Doha environment. The paper discusses the legal clarity afforded by the Doha Declaration with regard the concept of compulsory licensing and its use in the public health context. Secondly, it reviews the available information regarding cases of compulsory licensing in developing countries, to assess the effect of such licences, and for the purpose of drawing useful lessons from these cases. Finally, the paper highlights some of the factors preventing or hindering effective use of compulsory licensing in developing countries and puts forward some suggestions for structuring an effective compulsory licensing system for public health purposes.

Keywords: patent protection; pharmaceuticals; compulsory licences; government use; Agreement on Trade-Related Aspects of Intellectual Property Rights; IPR; TRIPS flexibilities; public health; access to medicines; Doha Declaration; developing countries; intellectual property management; IPM.

DOI: 10.1504/IJIPM.2006.011020

International Journal of Intellectual Property Management, 2006 Vol.1 No.1/2, pp.22 - 36

Published online: 03 Oct 2006 *

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