| 日期： | 2020/11/11 |
|---|---|
| 作者： | Council for Trade-Related Aspects of Intellectual Property Rights |
| 文件編號： | IP/C/86 |
| 附件下載： | IPC86.pdf |
| 因為版本問題，開啟附件時可能會出現錯誤訊息，如「檔案已損毀」的訊息，請您忽略此訊息，即可正常開啟 |
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 is required to report annually to the
General Council on its operation.
2. The Council for TRIPS undertook the
sixteenth annual review in October 2019. The General Council took note of
the report of the Council for TRIPS (document IP/C/84) at its meeting on 9‑10 December
2019 (document WT/GC/M/181, paragraph 17.9).
3. The present report covers the
period from October 2019. At its meeting of 15-16 October 2020,
the Council undertook the seventeenth 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 on 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 covers resources to support the
review of the functioning of the System and provides an overview of capacity
building activities organized by the Secretariat in response to requests by Members
to assist them in making the System work effectively in practice.
[1] The Protocol which was adopted on 6 December 2005 (document
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 (document
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.
