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[e-drug] Time for product patent

  • From: Mohga Kamal Smith <msmith@oxfam.org.uk>
  • Date: Wed, 2 Feb 2000 11:39:28 -0500 (EST)

E-drug: Time for product patent

Could someone please clarify the dates for product patent for
developing and least developed countries. Now we are in 2000, so
what does this mean for countries in both categories who have or
have not had legislation and other requirements in place? I understand
that come what may developing countries have to adopt IPR in
patenting process and product now for DC and by 2006 for LDC. Am I
correct? Also what happens if country X which is developing country
(i.e. 2000 deadline) has not had all things in place by now?

Are developing countries automatically allowed to delay application of
TRIPS obligations on product patent to 2005 (article 65.4) or do they
have to apply to WTO? to be granted that time. Is this the time of
mailbox and exclusive rights? Are the same dates applied to LDC so
they have to comply for everything by 2006? Or they would have
extra 5 years mailbox?

I find the legal terms difficult to understand. Any clarification would be

Thanks Jamie for your earlier reply (attached)

Best wishes,

Mohga Kamal Smith
Oxfam GB
e-mail: msmith@oxfam.org.uk

Be also advised that there are several patent issues. There is the
patent on the active ingredient, the patent on the use of that
ingredient for a disease, the patent on the dose, the patent on the
formulation, the manufacturing process or other things, any of which
may be an issue for a particular country. For example, in Thailand, ddI
is not protected by a patent on the active ingredient or the use for
HIV/AIDS, but by some formulation patents that were apparently
rejected by the US patent office.


James Love, Consumer Project on Technology
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