Please use this identifier to cite or link to this item: https://hdl.handle.net/10419/270380 
Year of Publication: 
2022
Series/Report no.: 
Research Paper No. 155
Publisher: 
South Centre, Geneva
Abstract: 
The paper discusses the flexibilization of the sui generis system of supplementary protection certificates (SPCs) under European law recently introduced to allow for the manufacturing, stockpiling and export of covered products. Against this background, it examines the viability under the Agreement on Trade-related Aspects of Intellectual Property Rights (the TRIPS Agreement) of an exception allowing for the manufacture and export of patent-protected products. It concludes that such an exception would promote competition and enhance access to medicines (including biologicals) for the general public while being consistent with Article 30 of the TRIPS Agreement if read in accordance with the principles of interpretation of customary international law.
Subjects: 
Access to Medicines
Biologicals
Competition
Customary International Law
European Law
Exclusive Rights
Export
Health
Intellectual Property
Manufacture
Patent
Sui Generis System
Supplementary Protection Certificates (SPCs)
TRIPS
TRIPS Agreement
World Trade Organization (WTO)
Document Type: 
Research Report
Appears in Collections:

Files in This Item:
File
Size





Items in EconStor are protected by copyright, with all rights reserved, unless otherwise indicated.