Implementation of the WTO Decision on compulsory licensing for countries with insufficient or no manufacturing capacity in the pharmaceutical sector : A comparative asssessment of the Draft EU Regulation

This paper provides a comparative assessment of the draft “Regulation on compulsory licensing of patents relating to the manufacture of pharmaceutical products for export to countries with public health problems” as proposed by the European Commission in October 2004. The Regulation implements WTO Decision WT/L/540 of 30 August 2003, which aims to overcome the difficulties faced by countries without manufacturing capacity in the pharmaceutical sector in making use of compulsory licensing under the TRIPS Agreement...