the effect it has on developing countries' compulsory
licences?
Article 31(b) TRIPS sets reasonable period of time to negotiate a
licence with the right holder on the basis of reasonable commercial
terms, but these conditions can be waived in the event of a national
emergency.
But Article 31(f) stipulates that generic drugs produced under
compulsory licensing “must be authorised predominantly for the
supply of the domestic market of the Member authorising such use”.
Doha Declaration, Paragraph 6: WTO members with insufficient or
no manufacturing capacities in the pharmaceutical sector could
face difficulties in making effective use of compulsory licensing
under TRIPS.
WTO Decision on Paragraph 6: set a temporary waiver of Article
31(f).
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