E-drug: Zimbabwe HIV emergency
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Here is a bit more information I have found that can clarify a few
points regarding last news of Zimbabwe.
What Zimbabwe did is what is often called "Government Use", which is
a sub-category of compulsory licenses in that it refers to the use of
a patent without the authorization of the right holder "by the
Government or third parties authorized by the Government" (cf. TRIPS
Art. 31).
The fact that the Government of Zimbabwe declared a state of
emergency to justify the Government use of some patents has waived
TRIPS obligation of preliminary negotiation with the patent holder
(Art. 31.b).
It is of course very likely that the problem will not be solved
within 6 months in Zimbabwe, unless the patents holders make a price
offer similar to the prices of generics. This is not very likely to
happen and the Government of Zimbabwe may then decide either to
extend the authorisation over 6 months or specify that the
authorisation is only for "public non commercial use" in which case
TRIPS obligation of prior negotiation is also waived (TRIPS art.31.b).
Beverley Snell
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Beverley Snell
Centre for International Health
Macfarlane Burnet Institute for Medical Research & Public Health
Telephone 613 9282 2115 / 9282 2275
Fax 613 9482 3123
Time zone: 10 hours ahead of GMT.
email <bev@burnet.edu.au>
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