Implementation of Paragraph of the Doha Declaration on the TRIPS Agreement and Public Health
World Trade Organization General Council
WT/L/520 (August 30, 2003)

- Written by Josh Lee, JD
Facts
Generally, the World Trade Organization (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) provides for the protection of members’ ability to grant exclusive patent rights. However, there are exceptions for public health, and members may require compulsory licensing for certain pharmaceutical products to respond to national emergencies or other circumstances of extreme urgency. In 2001, the WTO issued a declaration at the Doha Ministerial Conference discussing these rights and issues, including the ability of member countries to determine the grounds upon which compulsory licenses are granted. In that declaration, the WTO noted that special problems could arise with the application of compulsory licensing to the least-developed countries. The WTO then considered these issues in a 2003 implementation decision.
Rule of Law
Issue
Holding and Reasoning ()
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