Ratification of the Protocol of Amendment of the TRIPS Agreement
31.07.2015
This Protocol aims to add Article 31bis after the Article 31 and Appendixes after the Article 73 of the TRIPS Agreement.
Article 31bis developed with the purpose of providing authority to the developing and least developed WTO members to issue compulsory licenses for production and import of comparably cheap generics of the patented pharmaceutical products.
This mechanism was developed as an outcome from discussions and disputes related to solving the problems associated with the expensive medication by other WTO members, which do not have sufficient production capacities in pharmaceutical sector.
It has to be mentioned that currently the Article 31 of the TRIPS Agreement provides the procedure of issuance of the compulsory license for production and import of patented medication comparably at cheaper prices, but in turn, it obliges the WTO members, which used compulsory license to pay off the compensation to the patent owner.
After entering to force of this Protocol, in the case of emergency in the country or other severe threats to the health of population, which requires urgent responses from the governments’ side, WTO members by using special “System” envisaged in the Protocol may produce or import cheap generics without making any compensation to the patent owner.
The priority of this Protocol is that during the negotiations developing and least developed WTO members were able to stand for their position. Namely? The Protocol covers not only the list of specific medicals for disease like malaria, tuberculosis, HIV and others, but all kind of disease.
It is important to note that this Protocol regulates the mechanism of production and import of pharmaceutical products, their distinguishing signs while transportation, rights of the subjects of during the circulation of the product in question while membership to free economic zones and in individuality.
In general, implementation of this Protocol would contribute to the development of the pharmaceutical sector in the country.
Ratification of the Protocol of Amendment of the TRIPS Agreement
Ministry of Economic Development and Trade began interim procedures related to the ratification of the Protocol of Amendment of the TRIPS Agreement.This Protocol aims to add Article 31bis after the Article 31 and Appendixes after the Article 73 of the TRIPS Agreement.
Article 31bis developed with the purpose of providing authority to the developing and least developed WTO members to issue compulsory licenses for production and import of comparably cheap generics of the patented pharmaceutical products.
This mechanism was developed as an outcome from discussions and disputes related to solving the problems associated with the expensive medication by other WTO members, which do not have sufficient production capacities in pharmaceutical sector.
It has to be mentioned that currently the Article 31 of the TRIPS Agreement provides the procedure of issuance of the compulsory license for production and import of patented medication comparably at cheaper prices, but in turn, it obliges the WTO members, which used compulsory license to pay off the compensation to the patent owner.
After entering to force of this Protocol, in the case of emergency in the country or other severe threats to the health of population, which requires urgent responses from the governments’ side, WTO members by using special “System” envisaged in the Protocol may produce or import cheap generics without making any compensation to the patent owner.
The priority of this Protocol is that during the negotiations developing and least developed WTO members were able to stand for their position. Namely? The Protocol covers not only the list of specific medicals for disease like malaria, tuberculosis, HIV and others, but all kind of disease.
It is important to note that this Protocol regulates the mechanism of production and import of pharmaceutical products, their distinguishing signs while transportation, rights of the subjects of during the circulation of the product in question while membership to free economic zones and in individuality.
In general, implementation of this Protocol would contribute to the development of the pharmaceutical sector in the country.