23 Dec 2016

Seychelles accepts protocol amending TRIPS Agreement

Seychelles accepts protocol amending TRIPS Agreement

 

Wednesday 8 June, 2016: Seychelles accepts the 2005 protocol amending the WTO's Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS); when Ms. Cillia Mangroo, Director-General of the Trade Division at the Ministry of Finance, Trade and Economic Planning, presented the instrument of acceptance to WTO Director-General Roberto Azevêdo. 

 

The protocol will enter into force once two-thirds of the WTO membership has formally accepted it. The protocol amending the TRIPS Agreement, which was agreed in 2005, is intended to formalize a decision to ease poorer WTO members' access to affordable medicines. The protocol allows exporting countries to grant copulsory licenses (one that is granted without patent holder's consent) to their generic suppliers to manufacture and export medicines to countries that cannot manufacture the needed medicines themselves. These license were originally limited to predominantly supplying the domestic market.

 

The Paragraph 6 System addresses a particular scenario for access to medicines, when:

  • A country needs to import a medicine from a foreign supplier because it lacks sufficient manafacturing capacity in its pharmaceutical sector.
  • The medicine can be produced under a compulsory license in another country.
  • Export of the non-predominant part of the production in that country does not satisfy the needs of the importing country.
  • Therefore, the importing country has to use the Paragraph 6 System in order to import medicines produced under a compulsory license from another country.

The System provides WTO members with an additional flexibility, which is a special type of compulsory license permitting production of medicines exclusively for export. The system links demand in importing countries with supply from exporting countries. In addition, it waives the obligation on importing countries to pay adequate remuneration to the right holder following the grant of a compulsory license (Article 31(h) of TRIPS Agreement), if such remuneration is provided for in the exporting country.

 

For more information please follow the link:

https://www.wto.org/english/tratop_e/trips_e/pharmpatent_e.htm or contact the Trade Division of the Ministry of Finance, Trade and Economic Planning on 4382056.