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ARTICLE · 13 OCTOBER 2003

TRIPS: How Far Did the WTO Go?

United StatesIntellectual Property

We are pleased to present a timely and informative special article by Thomas Haag Ph.D., a recent and valuable addition to our Washington, D.C. office and to MWE’s robust biotech patent practice. In this article, Dr. Haag discusses the August 30, 2003 WTO interpretation of one of the most controversial provisions of TRIPS, Article 31, which relates to compulsory patent licensing, and the adoption of a new system for applying Article 31 to pharmaceutical products destined for countries that cannot make their own.

TRIPS: How Far Did the WTO Go?

On August 30, 2003, the General Council of the World Trade Organization (WTO) adopted a landmark interpretation of the Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement regulating the compulsory licensing patents covering pharmaceutical products destined for countries lacking the ability to make their own.

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