C/L/120. Compulsory Licensing of Drug production in public health emergencies under TRIPS
(2007, 2000 words)
This essay looks at the availability of compulsory licensing under TRIPS in the case of national emergencies, particularly the public health emergency posed by HIV/AIDS. The essay looks at the situation as it was prior to the South Africa v Drug Companies case in 2001 and how it stands now in light of the Doha Declaration. It also looks at the scope of the exceptions under articles 30 and 31 of TRIPS.
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