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_|CHINA, TAIWAN: Approves WTO Article on Compulsory Licensing for Pharmaceuticals|_

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  • _|CHINA, TAIWAN: Approves WTO Article on Compulsory Licensing for Pharmaceuticals|_

    Legislative Yuan Committee Approves WTO Article on Compulsory Licensing for Pharmaceuticals
    2008/05/16
    Taipei, May 16, 2008 (CENS)--

    The foreign affairs committee of the Legislative Yuan approved yesterday (May 15) article 31-1 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) of the World Trade Organization (WTO) allowing less developed countries to obtain necessary pharmaceuticals via compulsory licensing in case of the outbreak of major epidemics.

    Meanwhile, the Ministry of Economic Affairs (MOEA) is pushing the revision of the Patent Law, so that Taiwanese pharmaceutical firms can accept entrustment of less developed nations producing such medicines.

    Chu Yu-feng, vice minister of foreign affairs, explained that the article is meant to help less developed nations access low-cost medicines so that they can contain the spread of major epidemics, such as SARS (severe acute respiratory syndrome) and bird`s flu, in an emergent manner.

    The article is scheduled to take effect by the end of 2009, following ratifications by two thirds of WTO members.

    Fifteen member nations, or 10% of the total, have approved the article up to now, including the U.S., Switzerland, Salvador, South Korea, Norway, India, the Philippines, Israel, Japan, Australia, Singapore, Hong Kong, China, the European Union, and Egypt.

    Although the article has yet to take effect formally, Rwanda already applied with the WTO for entrusting Canadian pharmaceutical plants to produce 260,000 doses of TriAvis, an AIDS medicine, via compulsory licensing.

    The Intellectual Property Office (IPO), under the Ministry of Economic Affairs, noted that in the future, Taiwanese pharmaceutical firms intending to produce such medicines can apply with the IPO for the compulsory licensing, which will then notify the WTO for the case.

    Such medicines should bear different appearance and packaging than those of the patent owners.
    (by Philip Liu)
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