(2004; 49 pages)
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).