Please use this identifier to cite or link to this item: https://hdl.handle.net/10419/262127 
Authors: 
Year of Publication: 
2022
Series/Report no.: 
Research Paper No. 152
Publisher: 
South Centre, Geneva
Abstract: 
This study examines the variations within Asia of two exceptions to patent rights that are commonly justified under Article 30 of the World Trade Organization (WTO) Agreement on Trade-related Aspects of Intellectual Property Rights (the TRIPS Agreement), namely the research and experimentation exception and the regulatory review (or "Bolar") exception. Both these exceptions are important in the context of the 2001 Doha Declaration on the TRIPS Agreement and Public Health insofar as they are designed to provide flexibility to protect public health and support countries' overall scientific and technological aspirations. The study examines, from a comparative perspective, examples of these respective exceptions in patent legislation in South, Southeast and East Asia, and identifies peculiarities in the variations among countries in these sub-regions.
Subjects: 
Access to Medicines
Article 30 TRIPS
Asia
Bolar
Doha Declaration on the TRIPS Agreement and Public Health
East Asia
Experimentation Exception
Flexibilities
Health
Intellectual Property
Patent
Public Health
Research Exception
South Asia
South East Asia
TRIPS
TRIPS Agreement
Document Type: 
Research Report
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