TRIPS generic waiver is made permanent

Published: 3-Jan-2006


The World Trade Organisation's (WTO) general council has permanently amended the Trade Related Aspects of Intellectual Property Rights (TRIPS) agreement to make permanent the 2003 waiver helping poor countries obtain generic medicines during health emergencies.

The TRIPS amendment enables any WTO member country to export generic pharmaceuticals made under a compulsory licence to assist countries lacking their own manufacturing capacity. It changes a rule that allowed such compulsory licences only for domestic sales of drugs. Director-General Pascal Lamy said: 'The provisions confirm members are determined to ensure the WTO's trading system contributes to humanitarian and development goals.'

So far, Norway, Canada and India have informed the WTO that their laws already reflect the change; South Korea and the European Union have agreed similar laws, soon to come into force.

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