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Manual on Good Practices in Public Health-Sensitive Policy Measures and Patent Laws

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USD 12.00 Publisher: TWN
ISBN: 983-2729-06-8
Year: 2003
No. of pages: 111
Size of book: 14.5cm x 21.5cm
Author: TWN
About the Book

The international intellectual property standards enshrined in the World Trade Organization’s Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) have priced many essential drugs out of reach of poor patients by awarding patent holders monopoly rights over these products. Nevertheless, nestled within the folds of the Agreement itself are provisions which do enable governments to override exclusive patent rights in order to secure access to affordable medicines.

This Manual examines the TRIPS-consistent policy measures to which states may have recourse for the purpose of producing, importing and exporting lower-priced versions of the patented drugs they need. Detailed suggestions are advanced, by way of model legal provisions, as to how governments may give effect to each of these measures - compulsory licensing, parallel importation, government use and exceptions to patent rights - in their national patent laws. In addition, the Manual discusses the domestic administrative and institutional framework required for the equitable and effective implementation of these provisions.

The outcome of a series of expert workshops and consultations organized by the Third World Network, this Manual will serve as a practical guide for policymakers and citizen groups in efforts to formulate intellectual property disciplines which meet not only the legal obligations of the TRIPS Agreement but also the moral imperative of safeguarding public health. 


Contents

Preface
Acknowledgements
Introduction

PART I TRIPS-CONSISTENT OPTIONS FOR AFFORDABLE MEDICINES: MEASURES FOR IMPORT, DOMESTIC PRODUCTION

AND EXPORT

Chapter 1 Import

A. Importation under Government Use
B. Importation through Compulsory Licence
C. Compulsory Licence to Import in Cases of Emergency or “Other Circumstances of Extreme Urgency”
D. Importation through Parallel Import

Chapter 2 Local Production

A. Manufacture of Non-Patented Drug
B. Manufacture through Government Use
C. Compulsory Licence for Local Manufacture
D. Compulsory Licence to Manufacture in Situation of Emergency or Extreme Urgency

Chapter 3 Export

A. Export of Products Produced under Government Use and Compulsory Licences B. Export under Article 30 of TRIPS

PART II MODEL LEGAL PROVISIONS FOR PUBLIC-HEALTH-SENSITIVE PATENT LAWS

Chapter 4 Parallel Import

Model Provision
Explanatory Notes

A. Effect of Model Provision
B. Objective and Rationale
C. TRIPS-Compliance
D. Examples of State Practice

Chapter 5 Public, Non-Commercial Use (Government Use)

Model Provision
Explanatory Notes

A. Effect of Model Provision
B. Objective and Rationale
C. TRIPS-Compliance
D. Examples of State Practice

Chapter 6 Exceptions to Patent Rights

Model Provision
Explanatory Notes

A. Effect of Model Provision
B. Objective and Rationale
C. TRIPS-Compliance
D. Examples of State Practice

Chapter 7 Compulsory Licence

Model Provision
Explanatory Notes

A. Effect of Model Provision
B. Objective and Rationale
C. TRIPS-Compliance
D. Examples of State Practice

PART III PROPOSALS FOR AN APPROPRIATE INSTITUTIONAL AND ADMINISTRATIVE FRAMEWORK FOR PUBLIC HEALTH-SENSITIVE PATENT LAWS

Chapter 8 The Competent Authority

A. Individual Merits
B. Prior Negotiations
C. Appeals Procedure and Remedies
D. Anti-Competitive Practices

Chapter 9 Adequate Remuneration or Compensation

A. Compensation Committee
B. Compensation Guidelines

Bibliography

Annex 1 Relevant Provisions of the TRIPS Agreement
Annex 2 Doha Declaration on the TRIPS Agreement and Public Health


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This product was added to our catalog on Wednesday 15 February, 2012.


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