[Ip-health] Clarification on views expressed relating to Non-paper
Susan Finston
SFINSTON@phrma.org
Fri, 21 Sep 2001 16:26:40 -0400
Please note that in the U.S. the compulsory licensing cited relates to =
issues of national defense, which motivated the U.S. to in fact seek the =
language relating to "public non-commercial use." Also please note that =
31(b) provisions relating to the right to use compulsory licensing without =
notice to the right holder, as in the cited 28 U.S. 1498, are independent =
of the rights to compensation on an economic basis, which as you point out =
are considered on a case by case basis, consistent with TRIPS obligations.