[e-drug] Patent exemption for pharmacy preparation (2)

E-DRUG: Patent exemption for pharmacy preparation (2)
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I just joined this group and am interested in the Dutch story blogged by Ellen.

I think WIPO should provide detailed information on national laws.
What I know is SCP/15/3 Annex 5, available at
https://www.wipo.int/meetings/en/doc_details.jsp?doc_id=154817

Section 2.2 of the Annex 5 lists some jurisdictions allowing a
pharmacy preparation. This list is based on replies from each member
state which provide legal texts on the relevant provisions.
See
https://www.wipo.int/scp/en/exceptions/
(Section 4).

The problem is that they are out-dated (drafted in 2011). If WIPO does
not have an updated data we may ask WIPO to do so or we may update
them. For this purpose, I can confirm that Republic of Korea and Japan
have no renewed info for "Section 4: Preparation of medicines".

Best,
Heesob
Heesob Nam
Civil Society Coalition
Heesob Nam <hurips@gmail.com <mailto:hurips@gmail.com>>

E-DRUG: Patent exemption for pharmacy preparation (3)
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Dear Heesob,

Thank you for pointing this out. You are right that this information was compiled by WIPO some time ago and needs updating. It would indeed be good to ask WIPO to update the information (it is my understanding that they ask the member states to provide the information). At the same time e-drug readers can ask their own governments to make sure that the information on limitations and exceptions on patent rights in national laws on the WIPO website is updated.

Elsewhere on the WIPO site national /regional intellectual property laws are available but it is very useful to have the information on limitations and exceptions compiled and up to date.

Kind regards,

Ellen

Ellen 't Hoen LLM, PhD | Medicines Law & Policy
www.medicineslawandpolicy.org
Check out our TRIPS Flexibilities Database: http://tripsflexibilities.medicineslawandpolicy.org/
E-mail: ellenthoen@medicineslawandpolicy.net