Compulsory Licensing under the TRIPS Agreement-a Cruel Taunt for Developing Countries?

摘要

It seems that the Implementation Decision has not brought about the much hoped for balance between the interests of the patent communities of developed countries and patient communities of developing countries.rnAfter adoption of the Implementation Decision, the then Director-General of WTO, Supachai Panitch-pakdi, rejoiced that:rn"[t]he final piece of the jigsaw has fallen into place, allowing poorer countries to make full use of the flexibilities in the WTO's intellectual property rules in order to deal with the diseases that ravage their people. It proves once and for all that the organization can handle humanitarian as well as trade concerns."36rnIt appears that the Implementation Decision proved different. Only one compulsory licence for the export of one single drug to the people in need in one single developing country more than four years after the adoption of the Decision can hardly be seen as a great success. Rather, the Implementation Decision seems just another taunt for developing countries with lacking or insufficient generic manufacturing capacity.