Article 31 Bis Of The Trips Agreement

After more than 11 years, the amendment to the Agreement on Intellectual Property Rights finally entered into force. On 6 December 2005, the General Council of the World Trade Organization (WTO) adopted the Protocol Amending the Trade Aspects of Intellectual Property Rights (TRIPS) (Article 31a) and opened it up for adoption by Member States. The protocol provided for additional flexibilities for the granting of special compulsory licences for the export of medicines, first established by a 2003 members` decision, known as the Doha Declaration. [6] Joint notifications containing the information required under this subparagraph may be made by the regional organisations referred to in Article 31a(3) on behalf of approved importers, using the system which is a Party to the agreement of those Parties, with the agreement of those Parties. 2. William New. “It`s Official: TRIPS Health Amendment In Effect, First Ever To A WTO Agreement,” January 23, 2017, INTELLECTUAL PROPERTY WATCH, www.ip-watch.org/2017/01/23/official-trips-health-amendment-effect-first-ever-wto-agreement/ LDC are not required to file patents on medical devices with the WTO by 2033 under a recent updated agreement. The original amendment was put forward by the African Group. In recent years, some observers had called on members to amend the agreement to make it more effective before it hung on.

Some LDCs, such as Uganda or Mozambique, are now developing their own generic drug production capacity. Subject matter of this proposal This proposal for a Council Decision aims to: Protocol amending the Agreement on Trade-Related Aspects of Intellectual Property Rights (hereinafter referred to as `the TRIPS Agreement`) concluded in Geneva on 22 December 2005. On 6 December 2005, the General Council of the World Trade Organisation (hereinafter referred to as `the WTO`) submitted to WTO Members a proposal to amend the TRIPS Agreement for adoption. This amendment would make permanent a decision to exempt compulsory licences, originally adopted in 2003. Once adopted and entered into force, this amendment will conclude a process that began with the Declaration on TRIPS and Public Health made by Ministers at the Doha Ministerial Conference in November 2001. This is the first time that a basic WTO agreement has been amended. Doha Declaration on TRIPS and Public Health On 14 November 2001, the fourth meeting of the WTO Ministerial Conference in Doha adopted the Declaration on the TRIPS Agreement and Public Health. The Doha Declaration clarifies the link between the TRIPS Agreement and the health policy of WTO members and confirms the right of members to issue compulsory licenses for patents on public health grounds. With regard to WTO members without production capacity in the pharmaceutical sector that have not been able to import the necessary medicines, paragraph 6 of the Doha Declaration ordered the Council to find a rapid solution to this problem. Waiver Decision of 30 August 2003 On 30 August 2003, the WTO General Council adopted the Decision on the implementation of paragraph 6 of the Doha Declaration on the TRIPS Agreement and public health. .

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