E-drug: Re: No patents for medicines in LDC before 2016 (cont)
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Dear Joseph,
There are 2 things in the press release below.
The first sentence reaffirms what was already clear in paragraph 7 of the
Doha Declaration, i.e. that LDC can wait until 2016 (instead of 2006) to
provide patent protection for pharmaceuticals. This also means that those
LDC that already have patent protection in place can amend their existing
patent law to exclude patent protection for pharmaceuticals until 2016.
The second sentence clarifies an important point that wasn't mentionned in
the Doha Declaration, i.e. that LDC that decide to benefit from this
extension of transitional period will not have to provide for exclusive
marketing rights under Art.70.9. TRIPS Article 70.9 was especially designed
for developing and least-developed countries which did not grant
pharmaceutical patents in 1995 and were willing to benefit from the
transitional periods. Those countries, such as India, were obliged to
settle a "mailbox" system to receive patent applications for
pharmaceuticals until the patent law be amended to grant pharmaceutical
patents (TRIPS Art. 70.8). If, in the meantime, the Health Registration
Authority approved the marketing of the new medicine (whose patent
application is waiting in the mailbox), AND that a patent has been granted
in another WTO country AND that the medicine has also been approved for
marketing in this country, THEN the owner of the patent application in the
mailbox should be entitled to "exclusive marketing rights" (EMRs) under
TRIPS Art.70.9.
The press release (http://www.wto.org/english/news_e/pres02_e/pr301_e.htm)
clarified that LDCs availing themselves of the new transitional period until
2016 do not have to grant EMRs during this period, which would have resulted
in a kind of patent protection, and therefore nullify the benefits of para 7
of the Doha Declaration.
Best regards,
Pascale Boulet
Legal adviser
Campaign for Access to Essential Medicines M�decins Sans Fronti�res
Pascale_BOULET@msf.org
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