Intellectual Property Rights Series No. 8

Imports by and Exports to Countries with Insufficient or No Manufacturing Capacities in the Pharmaceutical Sector

Measures Required by the WTO Decision of 30 August 2003 in Relation to the TRIPS Agreement and Public Health

Publisher: TWN (ISBN: 983-2729-52-1)

Year: 2005 No. of pages: 40


About the Book

This TWN report is on the measures required by countries lacking drug manufacturing capacity and wishing to import generic drugs and measures required by countries able and willing to export generic drugs and wishing to overcome the constraints imposed by TRIPS Article 31(f) that production under compulsory licence has to be supplied predominantly for the domestic market. It is based on the Decision of 30 August 2003 adopted by the WTO General Council.

This report is a supplement updating the Manual on Good Practices in Public-Health-Sensitive Policy Measures and Patent Laws, published by the Third World Network.


1. Overcoming the TRIPS Restriction on Pharmaceutical Imports by and Exports to Countries with Insufficient Manufacturing Capacity

(a) Background to the "Paragraph 6" issue in the Doha Declaration on the TRIPS Agreement and Public Health

(b) Problem of countries with insufficient or no manufacturing capacities

(c) In search of a solution

(d) The Decision and Statement

2. Conditions and Measures for Implementing the Waiver to the TRIPS Restriction

(a) Countries and situations where the waiver is not required

(b) General situation where the waiver is required

(c) Measures required by the importing country

3. Measures Required by the Exporting Country

(a) Notify the WTO

(b) Conditions of the compulsory licence

(c) Payment of compensation

(d) Regional arrangements

4. Additional Requirements under the WTO General Council Chairperson's Statement

5. Comment on the 'Dampening Effect' of the Conditions and Procedures in the Decision and Chairperson's Statement

6. Limited Area of Applicability of the Decision

7. Conclusions


Annex 1

Annex 2

Annex 3

Annex 4


US$8.00 for First World countries

US$6.00 for Third World countries

RM8.00 for Malaysia

Prices are inclusive of postage costs by airmail.

How to Order the Book


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