Implementing the TRIPS Protocol - public comment sought

IPAustralia is seeking comment on the implementation of the TRIPS Protocol. In Australia, the Federal Court can order a patent owner to grant a compulsory licence, which would allow others to exploit the invention covered by the patent. Those products made under the compulsory licence cannot, however, be exported, which would be a problem if the products are pharmaceutical and there is another country suffering a health emergency.

If Australia implemented the TRIPS Protocol, compulsory licences could then be issued to produce patented pharmaceutical products for export to least-developed and developing countries.

The consultation paper sets out the following issues involved in implementation, and IPAustralia's proposed approaches:

• the power to issue and amend licences
• pharmaceutical products covered
• eligible importing countries
• criteria for ordering the grant of a licence
• conditions on licences granted
• challenges to a licence
• Therapeutic Goods Agency issues
• Australia-US Free Trade Agreement issues.