Monday, September 15, 2003

[Ip-health] Re. Para 6 Solution of the Doha Declaration, Article 30 of TRIPS and Non-Prohibition of Exports under theTRIPS Agreement: "This article is an analysis of the
position of export in the TRIPS Agreement in terms of the patenting
provisions in various countries particularly in the USA and the EC
because of its direct relevance to the solution of para 6 of the Doha
Declaration. The analysis suggests that there was no loophole as
insisted by the USA in the TRIPS Agreement regarding absence of
provision permitting export to the countries which do not have
significant manufacturing capacities. The article starts from
discussing that presence of Article 31(f) of TRIPS stipulating that
manufacture under compulsory licensing is predominantly for domestic
market cannot be read as affecting the whole of the TRIPS Agreement.
The analysis of patent acts of various significant players in the
field of intellectual property such as the US, the EC and Japan in
terms of judicial decisions ranging from various judgments of the US
Supreme Courts and other relevant courts apart from the TRIPS
Agreement confirm that the patenting is territorial which resolves
into absence of any patenting monopoly on export of patented products.
The analysis also confirms that the related measures like =E2=80="

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