Council for Trade-Related Aspects of Intellectual Property Rights - Annual review of the special compulsory licensing system - Report to the General Council

ANNUAL REVIEW OF THE special compulsory licensing system                                 

Report to the General Council

1.  Paragraph 7 of the Annex to the TRIPS Agreement as amended by the Protocol Amending the TRIPS Agreement (the "Protocol")[1] and paragraph 8 of the Decision on the Implementation of Paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health of 30 August 2003 (the "2003 Decision") respectively[2] provide that the Council for TRIPS shall review annually the functioning of the Special Compulsory Licensing System (the "System")[3] established under Article 31bis of the amended TRIPS Agreement and the 2003 Decision with a view to ensuring its effective operation. The Council shall annually report on its operation to the General Council.

2.  The Council for TRIPS undertook the thirteenth annual review in November 2016. The General Council took note of the report of the Council for TRIPS (IP/C/76) at its meeting on 7 December 2016 (WT/GC/M/165, paragraph 9.16).

3.  The present report covers the period since October 2016. At its meeting of 19‑20 October 2017, the Council undertook the fourteenth annual review. Annex 1 and Appendix 1 to this report record the review and the statements made by delegations.

4.  Sections 1 and 2 below set out factual information regarding the implementation and use of the System, as well as the entry into force of the Amendment to the TRIPS Agreement and the status of acceptances of the Protocol. Section 3 summarizes views expressed by Members with respect to possible next steps to ensure that the System works effectively in practice.



[1] The Protocol which was adopted on 6 December 2005 (WT/L/641) entered into force on 23 January 2017 (see below under Section 2).

[2] Note that the TRIPS Agreement as amended on 23 January 2017 only applies to WTO Members who have accepted the Protocol. For other Members who are yet to accept it, the General Council Decision of 30 August 2003 (WT/L/540 and Corr.1) continues to constitute the legal basis, including as regards the Annual Review of the Special Compulsory Licensing System. For the purposes of the 2003 Decision, this review is deemed to fulfil the review requirements of Article IX:4 of the WTO Agreement.

[3] See also the definition in paragraph 1 (b) of the Annex to the amended TRIPS Agreement.