A/HRC/11/12 page 29 102. Developing countries and LDCs need to incorporate in their national patent laws all possible grounds upon which compulsory licences, including government use, may be issued. Such laws provide straightforward, transparent procedures for rapid issue of compulsory licences. There is also a need to revisit the 30 August decision and provide for a simpler mechanism. 103. Developing countries and LDCs should specifically adopt and apply pro-competition measures to prevent the abuse of the patent system, particularly in regard to access to medicines. 104. Developing countries and LDCs should incorporate both Bolar (early working) and research, experimental and educational exceptions in their patent laws and explore how additional limited exceptions could further promote access to medicines. 105. Developing countries and LDCs should establish liberal pre-grant, post-grant opposition and revocation procedures, which can be taken advantage of by all concerned stakeholders, including patients’ groups. 106. Developing countries and LDCs should seek international assistance in building capacity to implement TRIPS flexibilities to promote the right to health. WHO and other United Nations bodies could provide such assistance. 107. LDCs and developing countries should actively promote the participation of individuals and communities in decision-making processes relating to TRIPS and TRIPS flexibilities and conduct impact assessments of the same. 108. Developing countries and LDCs should not introduce TRIPS-plus standards in their national laws. Developed countries should not encourage developing countries and LDCs to enter into TRIPS-plus FTAs and should be mindful of actions which may infringe upon the right to health. 109. All technical assistance and cooperation by developed countries, WHO and the World Intellectual Property Organization (WIPO), to developing countries and LDCs should be based on the obligation to respect, protect and fulfil the right to health. -----

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