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임호 ( Ho¸ Im ) 한국지식재산연구원 2006 지식재산연구 Vol.1 No.2
Unclear provisions of compulsory licensing in the TRIPs Agreement allow the developed countries and multinational corporations to take trade measures or political pressure against developing countries and least-developed countries, though there have been several practices of compulsory licensing in some developed countries. But after adoption of the 'Declaration on the TRIPs Agreement and Public Health' and the decision of 'Implementation of paragraph 6 of the Doha Declaration on the TRIPs Agreement and Public Health', some developing countries such as the Brazil, Indonesia, Zambia etc. have done compulsory licensing in order to solve the crisis of public health, and some developed countries such as the Netherlands, Norway, Canada etc. have legislated regulations concerning compulsory licensing. Considering the fact that practice of compulsory licensing is witnessed not only by some developing countries but also some developed countries, it can not be denied that compulsory licensing is generally recognized and constitutes a subsequent practice under the Vienna Convention on the Law of Treaties, and it clearly show the fact that compulsory licensing is already recognized universally.