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E.U. Mulls Compulsory Licensing System For Drugs

Law360 (November 4, 2004, 12:00 AM EST) -- Taking a cue from Canada, the European Commission has proposed a Europe-wide system for compulsory licensing that would allow generic drug makers to make patented medicines for export to developing countries.

The proposal would implement a World Trade Organization (WTO) deal, reached last year, under which national authorities can grant compulsory licenses to developing countries under certain conditions.

Most national laws at present do not allow compulsory licenses for export because until recently the WTO TRIPS Agreement provided for compulsory licenses only “predominantly for the supply...
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