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.