[Ip-health] Scope of Compulsory License and Government Use of Patented Medicines in the Context of the COVID-19 Pandemic

Anna Bernardo Bernardo at southcentre.int
Mon Feb 22 07:35:32 PST 2021


Scope of Compulsory License and Government Use of Patented Medicines in the Context of the COVID-19 Pandemic (February 2021)

by the Health, Intellectual Property and Biodiversity Programme (HIPB) of the South Centre


To meet public health needs, such as in the current COVID-19 emergency, governments can use compulsory licenses and government use as a tool for procurement and import of patented medicines.



These mechanisms are provided for in most laws worldwide. The WTO TRIPS Agreement, as reaffirmed by the Doha Declaration on TRIPS and Public Health, recognises the right of WTO members to grant compulsory licenses and their freedom to determine the grounds upon which such licenses may be granted (read our Call for Action on Intellectual Property and Trade Measures to Address the Covid-19 Crisis: https://www.southcentre.int/call-for-action-ip-and-trade-measures-to-address-the-covid-19-crisis/).



The South Centre offers a guide for the issuance of compulsory licenses and government use, see https://www.southcentre.int/research-paper-107-april-2020/, en español: https://www.southcentre.int/documento-de-investigacion-107-diciembre-2020/.



This table provides information of instances of their use: https://www.southcentre.int/covid-19-compulsory-licenses-table-february-2021/



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