This study focuses on the public health issue related with the TRIPS Agreement in the WTO. Patented drugs can be manufactured after the consent of the patentee, which follows the negotiation between the drug makers and patentees. However, a country is...
This study focuses on the public health issue related with the TRIPS Agreement in the WTO. Patented drugs can be manufactured after the consent of the patentee, which follows the negotiation between the drug makers and patentees. However, a country is in an emergency due to an epidemic, there is no time for negotiations. Therefore, it is necessary for governments to allow drug makers to manufacture patented drugs and then to give the patentee appropriate remunerations. This is called compulsory licenses. But the TRIPS Agreement prohibits drugs made by compulsory licenses from being exported, which makes the compulsory licenses useless for the least developed or developing countries without drug manufacturing facilities. Therefore, the WTO decided to allow the export of the drugs made by compulsory licenses to the countries without drug making facilities in the case of epidemic, which will be followed by the amendment of the TRIPS Agreement. This study will discuss the U.S. position and the amendment of the Korea Patent Act.