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Implementation of the WTO General Council Decision on Paragraph 6 of the DOHA Declaration on the Trips Agreement and Public Health - Health Economics and Drugs Series No. 016
(2004; 49 pages) View the PDF document
Table of Contents
View the documentAcknowledgements
View the documentIntroduction
View the documentCircumstances in which the Decision may be used
View the documentCompulsory licence in the importing country
View the documentCompulsory licence in the exporting country
View the documentAnti-diversion measures
View the documentSuspension of the system
View the documentConclusions
View the documentAnnex 1: WTO Decision of 30 August 2003 (WT/L/540)
View the documentAnnex 2: Summary of context and steps required to use the system
 

Suspension of the system

The second alternative in the Annex to the Decision indicates that "When it is established that such [manufacturing] capacity has become sufficient to meet the Member's needs, the system shall no longer apply". This condition applies only when a country has determined that it has insufficient manufacturing capacity; it does not apply when the determination was that the country lacks manufacturing capacity altogether.

This Decision does not mention who is to make the determination that the capacity has become sufficient nor the applicable procedures. Since it is the importing county itself which determines insufficient capacity, and the Council for TRIPS has no power to review this determination, it is logical to interpret that the importing country should also make the determination that capacity has become sufficient. Given that lack or insufficient capacity is to be established per product, and that compulsory licences are issued to import a specified quantity of a needed pharmaceutical product(s), the determination that capacity has become sufficient would not affect the future use of the system with regard to other product(s).

 

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