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Submission to the IP Australia Consultation Paper on the TRIPS Protocol
| Date: | 02 June 2010 |
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| Author: | Paul Whenman |
Australia is a member of the World Trade Organisation and a signatory to the Agreement on Trade-Related Aspects of Intellectual Property (TRIPS).
The TRIPS Protocol, which is a mechanism that permits WTO members to issue compulsory licences to produce patented pharmaceutical products for export to least-developed and developing countries, has been accepted by Australia.
In this submission to the IP Australia Consultation Paper on the TRIPS Protocol, Paul Whenman comments on a number of aspects of the Government's proposals and provides some alternatives for consideration. These include:
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the extent of protection from infringement afforded to a compulsory licensee
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a limitation to the field of the use of a compulsory licence
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an expanded definition of pharmaceutical products
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an expanded definition of patents that may be subject to compulsory licence
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an alternative mechanism to compensate patent owners by providing an extension of patent term
Whilst recognising that Australia currently has a limited manufacturing base for pharmaceutical products, this submission suggests that Australia has a role to play in responding to a health crisis in least-developed and developing countries.
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