經通國際智慧產權事務所

In order to resolve the problem that the WTO’s underdeveloped member nations are unable to afford and manufacture patented medicines when experiencing disease outbreaks, an implementation of the TRIPS Agreement has been conducted to allow compulsory licensing of patented medicines among the member nations. Even though the implementation of the TRIPS Agreement has not yet become effective, in July 2007, Rwanda filed the first application with WTO to import 26 thousands of Tri-Avis for the cure of AIDS from a Canadian pharmaceutical company.

On May 16, 2008, the implementation of TRIPS Agreement passed the 1st examination by the Legislative Yuan in Taiwan. And the Ministry of Economic Affairs in Taiwan is also preparing to amend the Patent Act accordingly.

The TIPO (Taiwan Intellectual Property Office) provided that if a Taiwanese pharmaceutical manufacture is commended to produce under such compulsory license, a formal application should be filed with the TIPO together with a notification to be delivered to the WTO. As for the drugs produced under the compulsory licensing, not only that they will be cheaper with different outward appearance but also that the packaging will be differentiated from those of the original producer.

According to the WTO, the aforementioned implementation of the TRIPS Agreement will become effective if acceptances are received from more than two-thirds of the member nations by the end of 2009.

By Jenny Yu

International Affairs