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(1) How should the pharmaceutical products enjoying the benefit of privileged compulsory licensing be defined?
Should the benefit be limited to pharmaceutical drugs to fight epidemic diseases, should it extend to all pharmaceutical drugs or should it go even further and include such things as diagnostic or medical instruments?
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(2)Which members of WTO should benefit from the right to grant compulsory import licenses and to request to other WTO members to grant compulsory export licenses for their benefit?
How should the term "insufficient or no manufacturing capacities" be defined?
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(3) Should all or only certain WTO members be eligible to supply pharmaceutical products under compulsory export license?
Should, for example, the importing country specify the source and may a compulsory export license only be granted upon receipt of a request of an eligible importing country?
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(4) In what legal format should the privileged compulsory license be introduced:
- By way of interpretation of Article 30, or Article 31(f) of the TRIPS Agreement under Article IX of the Marrakesh Agreement?
- By way of waiver under Article IX of the Marrakesh Agreement?
- By way of an amendment of Article 30, or Article 31(f) of the TRIPS Agreement according to Article X of the WTO Agreement?
- Or by way of a moratorium on dispute settlement?
Next: Articles 30 & 31 of the TRIPS Agreement
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