Russia accession to the Protocol amending the Agreement on trade-related aspects of intellectual property rights

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In its meeting of April 27, 2017, the Russian Government has approved the Bill “On approval of the Protocol amending the Agreement on trade-related aspects of intellectual property rights” proposed by the Russian Ministry of Foreign Affairs and the Russian Ministry of economic development and trade, and endorsed its further introduction to the State Duma1.

The WTO Protocol amending the Agreement on trade-related aspects of intellectual property rights (hereinafter – the “Protocol”)2 was adopted by WTO General Council on December 06, 2005, and opened for signature by WTO member states until December 01, 2007, with further extension until December 31, 2017.

As of the current date, many WTO member states have acceded to the Protocol, inter alia the USA, Switzerland, Brazil, China and Australia3.

The Protocol supplements the Agreement on trade-related aspects of intellectual property rights with provisions that allow WTO member states to use compulsory licensing system for production and export of pharmaceutical products to the territory of WTO member state in need.

According to the Protocol, application for compulsory license is allowed in case of the following: (1) national emergency or other circumstances of extreme urgency, or (2) for the purpose of public non-commercial use.

Read more: http://www.ilnipinsider.com/2017/06/russia-accession-to-the-protocol-amending-the-agreement-on-trade-related-aspects-of-intellectual-property-rights/

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