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The Hong Kong Amendment To The Trips Agreement: A Submission To The Joint Standing Committee On Treaties., Matthew Rimmer
The Hong Kong Amendment To The Trips Agreement: A Submission To The Joint Standing Committee On Treaties., Matthew Rimmer
Matthew Rimmer
In the wake of the Doha Declaration on the TRIPS Agreement and Public Health 2001 and the WTO General Council Decision 2003, there is a need for industrialised nations to implement legislation to enable the export of pharmaceutical drugs to address public health concerns.I would argue that the Patents Act 1990 (Cth) should make provision for the grant of a compulsory licence over a patented invention in circumstances of ‘a national emergency or other circumstances of extreme urgency, or in cases of public non-commercial use’. Such a measure is necessary to deal with the possibility of public health epidemics that …