[Ip-health] Update memo on Thai law on CLs

[Sean Flynn]

An updated version of a note sent to this list week on Thai's government us=
e
compulsory license is located at www.pijip.org

SNIP:

"This note provides a brief explanation of Thailand=92s authority to issue =
a
government-use compulsory license for Efavirenz under its own law.  Section
51 of the Thai Patent Act makes clear that the Thailand Department of
Disease Control is well within its rights in granting a license for the
public purchase and use of generic efavirenz without further negotiation
with the patent holder.  The patent holder is given a right to appeal the
terms of the license, including its royalty rate.  The Department may,
however, use the license to begin purchase of generic versions of patented
medicines immediately, regardless of whether any dispute may exist or arise
as to the reasonableness of the royalty or other terms established in the
license."

-Sean Flynn

Associate Director

Program on Information Justice and Intellectual Property

AU Washington College of Law

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