News

New Zealand Government Calls for Submissions on Compulsory Licences for Patented Drugs

23 Oct 2007

New Zealand’s Ministry of Economic Development (MED) released a discussion document on 19 October 2007 called "Acceptance of the Protocol Amending the TRIPS Agreement to Implement the Doha Declaration on TRIPS and Public Health."

MED is seeking public input on its proposal that New Zealand:

• support a change to international agreements on pharmaceuticals and intellectual property rights by accepting the Protocol that will amend the TRIPS Agreement, and
• change its patents law so New Zealand pharmaceutical manufacturers can export patented drugs to developing countries under a compulsory licence.

Issuing compulsory licences to export a patented invention is currently not allowed under the TRIPS Agreement. The Protocol (agreed to by the WTO General Council in December 2005) proposes adding an article to the TRIPS Agreement. If accepted, the article will allow its members to issue compulsory licences for producing and exporting patented pharmaceuticals to countries needing such pharmaceuticals to deal with public health problems, but that have insufficient or no capacity to produce them themselves.

Under MED’s proposal the High Court of New Zealand would be able to issue compulsory licences if a patent owner is unwilling or unable to supply reasonable quantities of patented pharmaceuticals to developing countries at a reasonable price.

Download the full discussion document

MED has asked for submissions by 14 December 2007.