In November 2001, Doha, Qatar held the fourth WTO Ministerial
Conference which adopted what is known as the Doha Declaration on
the TRIPS Agreement and Public Health. Key to the Doha Declaration
was the reaffirmation that governments should interpret and
implement the Agreement on Trade-Related Aspects of Intellectual
Property Rights (TRIPS Agreement) in a manner
supportive of WTO Members' right to protect public health and
promote access to medicines.
Fast forwarding to 22 March 2011, the Federal Government of
Australia announced its
intention to implement Australia's obligations under the TRIPS
Agreement while apparently mindful of the Doha Declaration.
The Bill
Currently, Chapter 12 of the Patents Act 1990 (Cth) does
provides a regime where the Federal Court of Australia may grant
compulsory licences to work a patented invention, albeit in limited
circumstances. The Bill is expected to provide clarity to the
Federal Court and enable it to grant compulsory
