IPO’s Amendment to Patent Law to Add Compulsory Licensing for Export Clause.

  In response to the impact brought by such serious epidemics as bird flu, local pharmaceutical manufacturers are very much concerned about the bill of compulsory licensing of patented drugs. IPO of the Ministry of Economic Affairs indicated that “compulsory licensing for export clause” will be drafted to enable local pharmaceutical manufacturers to make generic drugs under compulsory licensing and to export such drugs to undeveloped countries for urgent needs. The provisions in regard to the practice of compulsory licensing are provided in the “Patent Law”, while the issue of compulsory licensing for import is still under evaluation.

 

  IPO held that Article 76 of the Patent Law defines the manufacture of patented drugs under compulsory licensing; this article states that local pharmaceutical manufacturers, to cope with national emergencies, can apply with the patent authority (IPO in Taiwan) to make patented drugs after the patent authority’s approval without concluding compulsory licensing clause separately. Additionally, local pharmaceutical manufacturers can immediately make patented drugs even if they do not obtain the license of the patentee or do not pay royalty.

 

  The amendment to the Patent Law includes the clause of the compulsory licensing of patented drugs for export and will be moved first. Such clause will stipulate that the export shall be subject to IPO’s consent and the manufacture quantity of patented drugs under compulsory licensing for export cannot be unlimited. (2005.8)

CYJ/CCS