E-DRUG: The Guardian on access to cheaper AIDS drugs (2)
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Regarding WB's comment N�2 on compulsory licensing in Thailand (at the
bottom of the page),
2. The article is probably not 100% correct as compulsory licencing
is allowed under art 31 of TRIPS (under certain conditions), even
after Thailand will have become TRIPS-compliant.
I am afraid the Thai Government will not be able to grant compulsory
licences to local companies if compulsory licences have been banned from
the Thai patent law.
Even if compulsory licenses are permitted under article 31 of TRIPS, TRIPS
is not automatically applicable in WTO Member States. TRIPS provisions have
to be actually incorporated into national law to be used in Member States.
Pascale Boulet,
Department of Essential Drugs and other Medicines,
World Health Organization, Geneva.
Tel: 00 41 22 791 44 26
Email: bouletp@who.ch
[Pascale, thanks for the correction. I didn't even consider the possibility
that Thailand would have voluntarily banned or withdrawn its compulsory
licencing (CL) clause!
This, however, changes my question as to why would a (developing) country
(like Thailand) not want to have the legal instrument of compulsory
licencing in its Patent Act? Can someone from Thailand shed some light on
this? Is it just the big pressure from USA and other trade partners?
Most developed countries (including the USA!) do have such Compulsory
Licencing clauses in their Patent legislation, and they do make use of
those clauses (eg, the USA Army). CL is also an accepted part of patent
legislation as it regulates situations where patent holders misuse their
patent.
Now why do rich countries then expect poorer countries not to use those
clauses, when they use them extensively themselves?
And why does the USA government press other countries to remove those CL
clauses when they are explicitly permitted under Art 31 of TRIPS?
WB]
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