Policy options for the implementation of TRIPS flexabilities

The Guide addresses those TRIPS flexibilities that a government may use to shape the broad scope of exclusive rights (on medical substances and others) both before a patent is even issued (pre-grant) and after a patent has been granted (post-grant). Pre-grant flexibilities constitute a pro-active tool for a government to design generally applicable IP laws, whereas post-grant flexibilities are usually limited to particular cases where the government considers an existing monopoly right to be too broad. Governments interested in limiting exclusive rights on medical substances are advised to pay particular attention to the pre-grant flexibilities, as these may reduce the need to utilize post-grant tools. This is particularly important in light of the possible tensions surrounding post-grant tools such as compulsory licenses and parallel imports. Overall, national policy makers should be aware of and may wish to take full advantage of both pre- and post-grant flexibilities.

Related Subject(s): International Law and Justice