President of Ukraine Petro Poroshenko has registered in the Verkhovna Rada
a bill on adopting the protocol on amendments to the WTO Agreement on
Trade-Related Aspects of Intellectual Property Rights (the TRIPS Agreement)
with respect to flexible mechanisms of compulsory licensing that could be used
by WTO members for production and exports of pharmaceuticals, ensuring their
availability to consumers (No. 0079).
According to the press service of the Ministry of Economic Development and
Trade, which developed the document, the possibility of using such mechanisms,
especially in the countries with insufficient or non-available manufacturing
capacities in the pharmaceutical sector, was foreseen by the declaration on the
TRIPS Agreement and Public Health, the provisions of which were implemented and
legally specified in the protocol.
"The entry into force of the protocol will allow WTO members to avoid
problems associated with the need to protect patents for relevant pharmaceutical
products in accordance with the relevant requirements of the TRIPS
Agreement," the ministry said.
In particular, these changes in the TRIPS agreement will provide a legal
opportunity to export pharmaceutical products made under compulsory licenses to
the countries that have no own facilities for their production or their
production capacity cannot meet the demand.
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