GENERAL INFO about the blog

If you want to answer any of the posts I made, just add "comments" the button its at the end of each post. I think you can also add new posts...try it!

Yahir

Doubts on PARALELL IMPORTS and Compulsory Licence

Hi,

PARALELL IMPORTS:

So, article 6 of TRIPS says that exhaustion is no truled within TRIPS, thus, every country decides on this matter.

However, my doubt is what happens if country A wants to parallel import medicine Z but company B has a patent AND A TRADEMARK on country A for that product. According to TRIPS, any country can parallel import the same medicine (it is not a generic) regardless of the patent. But what about if there's is a TRADEMARK also involved? What should country A do to not infringe the TM owner's right?


Compulsory Licence:

Is the evergreening clause (the rule that provides for new patents on old products when you find a new use for them) for Patents is it TRIPS consistent?

Thanks,

Y

ANSWERS to Doubts regarding COMPULSORY LICENSES!!!

Hi gals,

I've been studying the problem posed by the use of Compulsory Licenses and/or Parallel Importing in the context of access to medicines.

In the WTO website I found already the answer to the CL issues. It is clearly explained, as if we were children. I strongly encourage you to read it!

http://www.wto.org/english/tratop_e/TRIPs_e/public_health_faq_e.htm

Examinable Topics

1. Principles of SDT; MFN and NT

2. http://www.gaileevans.com/legalproblemstradeip/EvansAccessMedicines.doc

Access to affordable medicines (see distributed materials)

3. http://www.gaileevans.com/legalproblemstradeip/BIOTECH0309.doc

Biotechnology, plant varieties and traditional knowledge (see distributed

materials)

4. Geographical Indications: TRIPS; Doha Declaration (2001): current

negotiating issues in WTO (see distributed materials)

5. Copyright: TRIPS; WCT provisions, including exceptions for fair use,

and relevant case law (For a preview see materials on my website.)

6. Enforcement (For a preview see materials on my website.)

Suggestion you should know your principles (1) and prepare 4 other topics.

According to this statement of Professor Evans, and as Mingjing has suggested, we can choose 4 topics in addition to the first bulletpoint. In other words, as far as I understand we need to know the first one( the principles of SDT + MFN + NT) and we can choose 4 other topics to study out of other 5 topics. This means we can disregard one of the topics. Am I correct?

So we will be studying our topics until 28th of April. Good luck with your studies!

Best wishes,

Cansu