The Declaration relates to how sovereign states can
formulate domestic policy to protect their interests and remain within
International law. The subtitle of the Declaration is ‘Regulatory Sovereignty under
TRIPS’.
1. Sovereign states should
retain the discretion to adopt a patent system which is best suited to their
technological capacities as well as their social, cultural and economic needs within
International law.
2. Four key points
are relevant at this time: states are faced with an unprecedented number of
patent filings which can create impediments to research and commerce, new
technologies and business practices are affecting the regulatory function of
the patent system (e.g. business methods, biotechnology, computer inventions
and NPE’s), patents are increasingly used as strategic assets, and patent
rights have gradually been strengthened without corresponding protection of
public interests.
3. There is a friction
between the patent system and public policy goals such as protecting the environment
and access to affordable medicines.
4. Sovereign autonomy
has been eroded by international law and agreements. The purpose of the present
Declaration is to set out the options that states retain under international law,
particularly under TRIPS.
5. The impact of
patents on innovation depends strongly on the level of technological and
economic development of the relevant country.
Patents must not interfere with dynamic competition and there must be a
balance with public policies and interests.
6. The Declaration
notes that states have often not taken full advantage of the regulatory
discretion available under TRIPS.
7. States have
latitude in defining what is patentable and how patentability requirements are
applied, and so patent protection can be denied for new uses of known
substances, for example.
8. States can
determine whether patent rights are exhausted and have latitude over the
grounds for which compulsory licences are granted.
9. TRIPS does not
limit the grounds for government use.
10. TRIPS does not
require an authority finding infringement to grant injunctive relief.
You may also wish to see related articles Top
10 Controversial Patent Issues and Top
10 Points on the Trans-Pacific Partnership.
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