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1991 US/Sri Lanka agreement on complusory licensing of patents
Apparently in 1991, the Bush Administration signed an agreement with the
Democratic Socialist Republic of Sri Lanka that requires the US and Sri
Lanka governments to limit the grounds for compulsory licensing of
patents to three items: antitrust, declared emergencies and for national
air pollutant standards. So, it would appear as though Representative
Sherrod Brown's compulsory licensing bill would violate the US/Sri Lanka
agreement.
http://infoserv2.ita.doc.gov/tcc/internettre2mac.nsf/c6bbc4782537d2d18525643c006db628/f66ca59e8780cbca85256488004d453b
AGREEMENT ON THE PROTECTION AND ENFORCEMENT
OF INTELLECTUAL PROPERTY RIGHTS
BETWEEN
THE UNITED STATES OF AMERICA
AND
THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA
The Government of the United States of America and the Government of the
Democratic Socialist Republic of Sri Lanka (hereinafter referred to
collectively as "Parties and individually as "Party") agree to provide
adequate and effective protection and enforcement of intellectual
property rights in patents, trademarks, copyrights, trade secrets, and
layout designs for integrated circuits.
[snip]
(c) Patents
(v) Compulsory Licenses
Each Party may limit the patent owner's exclusive rights through
compulsory licenses but only (1) to remedy an adjudicated violation of
competition laws, (2) to address, only during its existence, a declared
national emergency, and (3) to enable compliance with national air
pollutant standards, where compulsory licenses are essential to such
compliance.
[snip]
IN WITNESS WHEREOF, the undersigned, being duly authorized by
their respective Governments, have signed this Agreement.
DONE at Colombo this 20th day of Septembert 1991, in the English and
Sinhala languages, both texts being equally authentic.
FOR THE GOVERNMENT OF THE FOR THE GOVERNMENT OF THE
STATES OF AMERICA: DEMOCRATIC SOCIALIST
REPUBLIC OF SRI LANKA: