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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
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
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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.