Compulsory Licensing: Models for State Practices in Developing Countries, Access to Medicine and Compliance with the WTO TRIPS Accord
In this booklet, James Love addresses the issue of government authorization under the Trade-Related Aspects of Intellectual Rights (TRIPS) Agreement to use a patent without the permission of the patent owner.
He examines models for compulsory licensing and government use of patents as a tool to increase access to medicines in developing countries, drawing on examples also from patent laws in developed countries.
A good state practice model, he argues, should have the following features:
(i) The system must not be overly legalistic or expensive to administer, or easily manipulated by litigation.
(ii) The government-use provisions should be strong.
(iii) The system of setting compensation should be relatively predictable and easy to administer.
The author also looks at other related areas such as the TRIPS-permitted use of administrative practices in all Article 31 decisions; the high variance in national provisions for government or public use of patents; and the “troublesome area of TRIPS”- the phrase, “field of technology” found in Article 27.1
James Love has worked for the Center for Study of Responsive Law since 1990, and has been the Director of the Consumer Project on Technology since 1995. He is an advisor on intellectual property policies to a number of national governments, international and regional intergovernmental organizations, public health NGOs, and private sector pharmaceutical companies. Love is the US co-chair of the Trans Atlantic Consumer Dialogue (TACD) Working Group on Intellectual Property and a member of the MSF Working Group on Intellectual Property. He was previously Senior Economist for the Frank Russell Company, a Lecturer at Rutgers University, and a researcher on international finance at Princeton University.
2.RECOMMENDED FEATURES FOR A GOOD STATE PRACTICE
4.GOVERNMENT USE OF PATENTS
6.DISCRIMINATION BY FIELD OF TECHNOLOGY
US$8.00 for First World countries
US$6.00 for Third World countries
RM8.00 for Malaysia
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