TRIPs and the Compulsory Licensing Problems of Developing Countries
TRIPs,WTO ,compulsory licensing ,Developing Countries ,GATT.
The compulsory license is an instrument a state can use to act against a patent monopoly if doing so is in the public interest.) Articles 8 and 31 of the TRIPs have since ‘set in stone’ the conditions that determine the grounds of that grant. Whereas the Paris Convention’s provision is direct and simple, the TRIPs provisions are loose and inviting of efforts to minimize them. Not only that, but they also succeed to deprive least- developed countries of urgently needed medication. The author will argue that the provisions of TRIPs regarding compulsory licensing enable the perpetration of abuses of human rights, albeit an unintentional enabling. It is true that Article 31 of TRIPs allows for the granting of compulsory license’s in cases of abuse of patent-monopoly power, or when public interest demands it. But it is also true that developing countries rarely make use of this instance of TRIPs flexibility, and that least-developed countries are unable to make use of it. Although the TRIPs Agreement addresses some specific issues relating to compulsory licensing, it does not offer a sufficient level of legal certainty, thereby creating a larger risk of litigation. Since compulsory licensing confers the right to produce or import a product without the express consent of the original patent-holder, members’ domestic licensing laws properly attempt to inhibit the use of compulsory licensing. Considerably more substantive than the criticism of compulsory licensing just outlined is the set of criticisms that take the WTO to task for the laxity of the TRIPs provisions for it. A major criticism of this kind is that the TRIPs completely neglects to regulate selling practices and licensing restrictions.
"TRIPs and the Compulsory Licensing Problems of Developing Countries", IJSDR - International Journal of Scientific Development and Research (www.IJSDR.org), ISSN:2455-2631, Vol.3, Issue 11, page no.239 - 243, November-2018, Available :https://ijsdr.org/papers/IJSDR1811042.pdf
Volume 3
Issue 11,
November-2018
Pages : 239 - 243
Paper Reg. ID: IJSDR_180803
Published Paper Id: IJSDR1811042
Downloads: 000347206
Research Area: Engineering
Country: Jaipur, Rajasthan, India
ISSN: 2455-2631 | IMPACT FACTOR: 9.15 Calculated By Google Scholar | ESTD YEAR: 2016
An International Scholarly Open Access Journal, Peer-Reviewed, Refereed Journal Impact Factor 9.15 Calculate by Google Scholar and Semantic Scholar | AI-Powered Research Tool, Multidisciplinary, Monthly, Multilanguage Journal Indexing in All Major Database & Metadata, Citation Generator
Publisher: IJSDR(IJ Publication) Janvi Wave
