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Faculty of Law - Papers (Archive)

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2008

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Appropriate Patent Rules In Developing Countries - Some Deliberations Based On Thai Legislation, Jakkrit Kuanpoth Jan 2008

Appropriate Patent Rules In Developing Countries - Some Deliberations Based On Thai Legislation, Jakkrit Kuanpoth

Faculty of Law - Papers (Archive)

TRIPS Agreement mandates adequate and effective protection for all inventions regardless of the field of technology. The fundamental questions are whether the extent of protection of pharmaceuticals will be beneficial for the socio-economic development of developing countries and how can the impact of the new system be monitored and controlled in the interests of the concerned countries and their populations. Under the Thai Patent Law, Section 46.50 provides for the grant of compulsory licenses, which in practical terms are difficult to implement so much so that no such licenses have been granted since 1979 when the Act came into force. …