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Access to Medicine in the Global EconomyInternational Agreements on Patents and Related Rights$
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Cynthia Ho

Print publication date: 2011

Print ISBN-13: 9780195390124

Published to Oxford Scholarship Online: May 2011

DOI: 10.1093/acprof:oso/9780195390124.001.0001

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Compulsory Licenses under TRIPS: An Introduction

Compulsory Licenses under TRIPS: An Introduction

Chapter:
(p.125) 5 Compulsory Licenses under TRIPS: An Introduction
Source:
Access to Medicine in the Global Economy
Author(s):

Cynthia M. Ho (Contributor Webpage)

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195390124.003.0006

This chapter aims to bring clarity to the contentious and confusing question of what types of compulsory licenses are permissible under TRIPS. It first clarifies the actual TRIPS rules on compulsory licenses and, in particular, distills the dozen complex provisions regarding compulsory licensing into more logical categories for explanation. It also provides an illustration of how a country can craft a compulsory licensing law to promote access to medicine while simultaneously complying with TRIPS. The chapter concludes with a discussion of issues beyond the scope of TRIPS that countries must consider in connection with the benefits and costs of issuing compulsory licenses. It provides an essential background to understanding a procedure involving a “waiver” of one of the usual TRIPS requirements to help provide low-cost drugs to poor countries.

Keywords:   TRIPS, compulsory licenses, licensing law, patent law

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