29 - 31 March 2011 - Bangkok, THAILAND
ASIA PACIFIC REGIONAL SEMINAR ON EFFECTIVE IMPLEMENTATION ON PATENT RELATED FLEXIBILITIES...
This shift has resulted in the alteration of the legal framework to allow for flexibilities such as compulsory licensing and exclusion of rights . These flexibilities however are not new but proposed implementation extracts from the World Trade Organization agreement with the World Intellectual Property Organisation which was established in 1994 called the Trade Related Aspects of Intellectual Property Right (TRIPS).
Article 28 (TRIPS) explains the conditions with which compulsory licensing is concerned while Article 30 (TRIPS) explains the conditions with which exceptions of rights is concerned. With respect to the PNG Patent and Industrial Designs Act 2000, only compulsory licensing is captured in Section 32 of the act for the sole purpose of serving the public interest for the reasons of national security, nutrition, health or the development of other sectors of the national economy.
It was gathered from national experiences shared during the seminar that much of its use is mainly based on health grounds particularly in seeking medicinal cures or suppressants for epidemics such as HIV & AIDS, TB and Malaria.
PNG with its increasing status of HIV & AIDs, TB and Malaria has the opportunity, through the health department to acquire the generic medication. However, to date, IPOPNG is yet to see the effective implementation of the said provision on compulsory licensing. As it is assumed that this maybe a direct result of the low level of awareness of the existing legal framework and policies in place to benefit nationals.
Miss Zenerdine Chee
SENIOR PATENT EXAMINER