Case Description
A WTO dispute settlement panel ruled that:
(1) Regulatory review exception – that permits competitors to use a patented invention, without the authorization of the patent holder, for the purposes of obtaining marketing approval – is consistent with the Agreement on the Trade-Related Aspects of Intellectual Property Rights (TRIPS);
(2) Stockpiling exception – that allows competitors to manufacture and stockpile patented pharmaceuticals for sale upon expiration of the patent – is inconsistent the TRIPS.
Decision Year
2000
Case Summary
Document
Post-grant flexibilities
Jurisdiction