2015
DOI: 10.1111/jwip.12038
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Examining the Legality of Affordability Requirements as a Substantive Condition for Granting Compulsory Licences Pursuant to the TRIPS Agreement

Abstract: This article examines whether the so‐called reasonably affordable requirements of the public remains a valid condition under TRIPS on which World Trade Organisation members can grant compulsory licences. This article frames its analysis around Section 84 of the Indian Patent Act 1970 in relation to the compulsory licencing case between Bayer vs Natco. The author argues that despite the reasonably affordable requirements of the public not one of the common grounds on which members normally pursue for granting c… Show more

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Cited by 2 publications
(1 citation statement)
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“…TRIPS does not list conditions in which a compulsory licence may be granted, leaving this matter to the sovereign discretion of the signatory States. The provisions refer to strictly procedural matters relating to the granting of a licence and its scope (Manu, 2015). In addition, according to article 1, TRIPS sets a minimum level of protection, which means that Member States may or may not implement more extensive protection than that required by TRIPS.…”
Section: Trips -"Other Use Without Authorisation Of the Right Holder"mentioning
confidence: 99%
“…TRIPS does not list conditions in which a compulsory licence may be granted, leaving this matter to the sovereign discretion of the signatory States. The provisions refer to strictly procedural matters relating to the granting of a licence and its scope (Manu, 2015). In addition, according to article 1, TRIPS sets a minimum level of protection, which means that Member States may or may not implement more extensive protection than that required by TRIPS.…”
Section: Trips -"Other Use Without Authorisation Of the Right Holder"mentioning
confidence: 99%