The WTO’s compulsory licencing of patented pharmaceuticals: implementation challenges

Stanojević Nataša (Institute of International Politics and Economics, Belgrade.), natasa.stanojevic@diplomacy.bg.ac.rs
Jelisavac Trošić Sanja
Stamenović Milorad (Université Côte d’Azur, Nice.), milorad.stamenovic@skema.edu

The focus of the research is the topic of compulsory licencing, the right under the Agreement on Trade-Related Aspects of Intellectual Property Rights for countries to use patented medicines without the patent holder’s consent as a form of relief (flexibilities) for developing countries. The research aims to assess whether the application of compulsory licencing has fulfilled its primary goals and purpose. The research problem is the inconsistency between the compulsory licencing application in practice and the original purpose. It is reflected in the mass use of this right by countries with higher incomes and, secondly, in the symbolic presence of contagious diseases. That was investigated using the Generalized Linear Model. The results confirmed that the actual situation of public health and the income level of beneficiaries had been marginalised as grounds for exercising compulsory licencing. The arbitrary application of compulsory licencing has led to the situation that the poorest countries, with the most significant health crises, remain in the background of this World Trade Organisation mechanism.

Keywords: WTO, compulsory licencing, TRIPS flexibilities, developing countries, intellectual property rights, pharmaceuticals.