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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