Developing Nations and the Compulsory License: Maximizing Access to Essential Medicines While Minimizing Investment Side Effects

University of Connecticut School of Business, USA.
The Journal of Law Medicine & Ethics (Impact Factor: 1.1). 02/2009; 37(2):209-21. DOI: 10.1111/j.1748-720X.2009.00366.x
Source: PubMed


This manuscript addresses how developing countries can maximize access to essential medicines and minimize unwanted side-effects within the legal environment of a compulsory license regime. While compulsory licensing can play a role in improving public health, external social and political conditions must be considered in order to make licensing an effective practice.

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    • "Uncertainty about patent protection may halt search for new drugs much needed by third world countries. Absence of business friendly legal climate may discourage patent owning firms to start any new ventures in a country that makes use of compulsory licensing provisions [11]. In addition to this, use of compulsory license may cause trade friction with the countries which produce patented drugs. "

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    • "For example, when Thailand attempted to use its compulsory licensing powers, one pharmaceutical company withdrew pending applications for anti-AIDS drugs in response. Moreover, the US government placed Thailand on its special 301 'priority watch list' because of alleged violations of intellectual property law (Bird 2009:211). "
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