Thursday, 29 April 2010

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

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