E-DRUG: WTO deal on importing generic medicines comes into force (2)
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[I think there is no reason to pleased, see Brook Baker's comment on
Ip-health that I've copied below. KM, co-moderator]
"It is sad indeed to see the adoption of this labyrinth procedure that has
been used successfully only once in 13 years. Although countries will be
able to use Article 31bis and although there are sound proposals for its
implementation that involve a single qualifying compulsory license for
export of a particular medicine, the procedures are needlessly complicated
and have acted to date as a deterrent to a simpler and more direct
compulsory license for export to countries with insufficient manufacturing
capacity pursuant to Article 30 of TRIPS.
It is regrettable that the WTO has continued to promote Article 31bis as an effective solution and that countries have acceded to a solution bound in red tape.
Despite this regrettable decision, countries should simultaneously make use as needed of Article 31bis and continue to explore the adoption and broader use of a more effective and efficient alternative."
Professor Brook K. Baker
Northeastern University School of Law
416 Huntington Ave.
Boston, MA 02115
b.baker@neu.edu