Social justice and IP rights: Thailand's argument for non-negotiated compulsory licensing. (16th February 2009)

• Record Type: Journal Article
• Authors: Churchill, Richard; Chin, James; Peo, Frank; Gonzales, Luis; , Daniel Lorence
• Is Part Of: International journal of intellectual property management. Volume 3:Number 2(2009)
• Page Start: 141
• Page End: 154
• Publication Date: 2009-02-16
• Subjects: trade-related aspects of intellectual property rights -- TRIPs -- IPR -- compulsory licensing -- pharmaceuticals -- patents -- Thailand; Intellectual property (International law) -- Periodicals; 341.75805
• Languages: English
• ISSNs: 1478-9647

Abstract

The WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs Agreement) has historically been interpreted as recognising the difficulties associated with patent protection for pharmaceuticals needed to protect public health and welfare. Where a sovereign state's law or policy allows for use of the subject matter of a patent without the authorisation of the rights holder, such use may only be permitted if, prior to such use, the proposed user has made efforts to obtain authorisation from the rights holder on reasonable commercial terms. Many countries, however, are beginning to challenge such 'negotiated' use, opting instead to institute unilateral patent use policies. Summarised here is a compulsory license policy for patented pharmaceuticals recently enacted by the Government of Thailand, supported by their ten point argument which could serve as a template for less restrictive licensing policies needed by developing countries around the world.