Policy Forum: Privatising ScienceThe TRIPS Agreement and an Experimental Use Exception for 'Research Tools'

摘要

The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is central to the operation of the global patent system. One criticism of the Agreement is that it has an inordinate focus on the rights of intellectual property holders and not on the 'interests of those who seek to use protected works' (Dreyfuss 2004, p. 21). A key aspect of this concern is the manner in which scientists and other researchers can use patented inventions in their research efforts. It is clear that the Agreement allows for some limited exceptions to the rights granted by national statutes, such as under Article 30 of the Agreement. It is also said that Article 30 supports an experimental use exception (see, for example, Hestermeyer 2007, p. 238; Gervais 2008, p. 381; Advisory Council on Intellectual Property 2005, p. 26). However, there has been very little in-depth academic discussion of the limits of a TRIPS-compliant exception.