Compulsory License and “Government Use” to Promote Access to Medicines: Some Examples

About the Book

The Doha Declaration on TRIPS and Public Health that was adopted by the WTO (World Trade Organization) Ministerial Conference of 2001 reaffirmed the rights of Members to issue a compulsory license when negotiations for a reasonable price or a voluntary license to import or manufacture a patented product from the patent holder fail.

This book describes the experiences of a number of developing countries in exercising their rights to use compulsory licensing, especially a license for "government use". This is a form of compulsory license that is issued to obtain generic medicines for use in public hospitals and clinics, through imports or domestic production.

Copies of the actual compulsory licenses of the developing countries are included for reference.
 

About the author

MARTIN KHOR is the Executive Director of South Centre, an intergovernmental think tank of developing countries. The Third World Network contributors are Chee Yoke Ling (Director of Programmes), Sangeeta Shashikant (coordinator of TWN’s Intellectual Property Programme) and Zhu Zhenyan (researcher).


Contents

Preface

Background

1. National Public Health Measures that are TRIPS-Consistent     
    Importing the Drug
    Local Manufacture
    Export, Including to Countries with Inadequate Manufacturing Capacity
    Conclusion

2. Use of TRIPS Flexibilities: Some Recent Experiences
    Malaysia
    Indonesia
    Thailand
    Zimbabwe
    Ghana
    Brazil
    United States
    Italy

3. Implications of Bilateral FTAs on Implementation of TRIPS Flexibilities Regarding Public Health   
    Increasing Awareness of IPR Problems in Multilateral Context
    Dangers of Bilateral FTAs in Eroding TRIPS Flexibilities
    Thai Human Rights Commission Report

Appendix:
    Some Recent Cases of Compulsory Licensing

Bibliography

Annex:
Recent Examples in Developing Countries of Compulsory License, “Government Use Orders” and Other Measures to Promote Access to Medicines