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ARTICLE · 08 SEPTEMBER 2015

Compulsory licences now available for export of patented pharmaceuticals to developing companies

Spruson & Ferguson Lawyers
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The TRIPS Agreement sets out the minimum requirements for intellectual property protection for WTO member states.

AustraliaIntellectual Property
Jacinta Flattery-O'Brien(Formerly With Shelston IP)
Jacinta Flattery-O'Brien(Formerly With Shelston IP)
Kieran Williams
Kieran Williams
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As of 25 August 2015, it is now possible for third parties to apply to the Federal Court of Australia for a compulsory licence to manufacture generic versions of patented pharmaceutical inventions ("PPI") for export to developing countries to address public health problems.

Background

Australia is a signatory to the World Trade Organization (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (the TRIPS Agreement). The TRIPS Agreement sets out the minimum requirements for intellectual property protection for WTO member states.

The TRIPS Agreement was amended in 2005 by the TRIPS Protocol, which had the aim of providing developing countries with better access to medicines. Under the TRIPS Protocol, WTO member states with insufficient manufacturing capacity are able to import patented pharmaceutical products made under a compulsory licence from another WTO member state.

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