The Trips Agreement Allows Developing Countries To Produce Generic Drugs

A related waiver, which extended the period of implementation of the TRIPS agreement in general for least developed countries, was extended until 2022 at a 2013 Council meeting. 2003: WTO members agree on a decision to facilitate the introduction of cheaper generic drugs (legal text) (press release) A patent on a drug issued by a country`s Patent Office gives the company the right to prevent the manufacture, sale and importation of generic drugs in that country. However, it has no influence on the production and distribution of generic equivalents of the same drug in other countries. However, since the introduction of the ON TRIPS agreement, a company can expect to find similar rules on intellectual property protection in all WTO countries. In July 2007, Rwanda submitted a brief submission to the WTO on its intention to introduce 260,000 packages of triple ARV combinations and inherited the right to change the estimated quantity. It stated that it did not allow patent holders to claim patents on the product that could have been issued on their territory. As the least developed country, Rwanda was not required to say otherwise or to state its intention to use the system. In September 2007, the company applied to Canada for a compulsory licence that would allow it to export 15,600,000 tablets (or 260,000 packs) over a two-year period. The compulsory licence was granted two weeks later. The Canadian government informed the WTO in October that it had the system as an exporting country. Canada reported that in October 2007, the Rwandan government launched a public tender for this triple ARV combination.

The Canadian company initially offered its ARV at a price of 0.39 $US per tablet. It was indicated that at least four Indian generic drug manufacturers could supply the product at a lower price. By 1995, when the TRIPS AGREEMENT came into force, Brazil and Thailand had already begun producing first-generation generic antiretroviral drugs that were not patent-protected at the time. The TRIPS agreement allowed low- and middle-income countries to wait until 2005 before the agreement was implemented. However, under international pressure, Brazil and Thailand previously offered patent protection and pharmaceutical companies acquired patents on recent antiretroviral drugs7. However, under pressure from industrialized countries, Thailand initially gave in, while Brazil faced a WTO arbitration request from the United States.8 Developing countries should benefit from better access to generic drugs as a result of changes made by the World Trade Organization at the end of January. The TRIPS agreement allows for compulsory licensing under agreements between promoting access to existing medicines and promoting research and development of new medicines. Article 31 of the agreement authorizes the granting of compulsory licences and the use by the State of a patent without the authorisation of its holder, under a number of conditions designed to protect the legitimate interests of the patent holder.

The possibility of issuing a mandatory section 31 licence for manufacturing or importation is available to all members.