Network for Monitoring the Impact of Globalization and TRIPS on Access to Medicines, Meeting Report, 19-21 February 2001, Chulalongkorn University, Bangkok, Thailand - Health Economics and Drugs Series No. 011
(2002; 67 pages) View the PDF document
Table of Contents
Open this folder and view contents1. Introduction
View the document2. Highlights of opening address of Dr Supachai Panitchpakdi
Close this folder3. 1Globalization, TRIPS and Access to Pharmaceuticals
View the documentA new era in global trade
View the documentWTO Agreements
View the documentImplementation and dispute settlement
Close this folderKey requirements of the TRIPS Agreement
View the documentPatent protection
View the documentRights conferred
View the documentTransitional arrangements
View the documentPublic health and TRIPS
View the documentPatentability
View the documentGeneric drugs
View the documentCompulsory licensing
View the documentParallel imports
View the documentTRIPS-plus provisions
View the documentNon-WTO Members
View the documentEvaluating impacts of trade agreements
Open this folder and view contentsWHO Perspectives on Access to Drugs
View the document4. Further Reading
View the document5. Template of selected model indicators for studying the impact of globalization and TRIPS on access to medicines
Open this folder and view contents6. Selected indicators for studying the impact of globalization and TRIPS on access to medicines
View the document7. The Collaborating Centres
 

Parallel imports

Parallel importation is importation, without the consent of the patent-holder, of a patented product marketed in another country either by the patent-holder or with the patent-holder’s consent. Parallel importation enables promotion of competition for the patented product by allowing importation of equivalent patented products marketed at lower prices in other countries. If the importing country’s patent regime provides that the patent-holder’s right has been “exhausted” (in TRIPS terminology) when the patented product has been placed on the market in another country by or with the consent of the patent-holder, the patent-holder cannot use his/her patent right in the importing country to prevent parallel importation.

Article 6 of the TRIPS Agreement explicitly states that practices relating to parallel importation cannot be challenged under the WTO dispute settlement system, provided that there is no discrimination on the basis of the nationality of the persons involved. It is widely understood to mean that parallel importation is effectively a matter of national discretion.

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