(1) Article 31, point (f), states that “any use of this type is authorised for the supply of the member state`s internal market that authorizes such use.” www.wto.org/english/res_e/publications_e/ai17_e/trips_art31_oth.pdf (8) In accordance with Article 133, paragraph 5, of the EC Treaty, the European Community has jurisdiction to conclude agreements in the area of commercial aspects of intellectual property. After more than eleven years, the amendment to the Intellectual Property Rights Agreement has finally come into force. On 6 December 2005, the General Council of the World Trade Organization (WTO) adopted the protocol amending aspects of trade-related intellectual property rights (TRIPS) (Article 31bis) and opened it up for adoption by Member States. The protocol provided additional leeway for the granting of mandatory special licences for the export of medicines, which was first established by a 2003 member decision, the Doha Declaration. James Love, Director, Knowledge Ecology International “In 2003, the WTO concluded negotiations to correct a known error in the TRIPS agreement. The ability to obtain a compulsory license for a patent depends on the ability to obtain a product from a competitive supplier, for example. B in the case of drugs, a company that sells generic versions. It will not always be possible for a supplier capable of making something to be established in your own country, and even if there is one, it may not be able to meet local demand or work effectively. Access to know-how is often important, especially when time is of the essence. Economies of scale are not a small subject that can be forgotten after the first economic class. If you want affordable medicines, vaccines and affordable testing, the ability to export and import is part of the solution. It is absolutely outrageous that 37 WTO members have not given themselves the right to import, even in the event of a health emergency. This needs to be addressed for the current pandemic and for the next health crisis that will certainly one day follow.
2. William New. “It`s Official: TRIPS Health Amendment In Effect, First Ever To A WTO Agreement,” January 23, 2017, INTELLECTUAL PROPERTY WATCH, www.ip-watch.org/2017/01/23/official-trips-health-amendment-effect-first-ever-wto-agreement/ During the negotiations, the United States and the European Commission attempted to push higher-income countries to withdraw from the agreement as importers.