Compulsory License in Thailand

Thailand is one of few countries that invoked the compulsory license provision of patent law. See news from Intellectual Property Watch.

Note that Thailand hasn’t accepted the TRIPS Decision on the Public Health. I’m quoting below a recent note from the TRIPS Council on the status of acceptance of the TRIPS and Public Health.

Korea is the latest in accepting the TRIPS and Public Health. She already amended its Patent Act to reflect the TRIPS and Public Health in April 2005.

However, there has not been an instance where Korea invoked its compulsory license provision, either before or after the amendment in April 2005.



1 February 2007

Council for TRIPS

Protocol Amending the TRIPS Agreement –
Status of acceptances

Note from the Secretariat

1. At its meeting of 25‑26 October 2006, the Council requested the Secretariat to prepare a note on the status of acceptances of the Protocol Amending the TRIPS Agreement attached to the General Council Decision on the Amendment of the TRIPS Agreement of

6 December 2005
(WT/L/641), and to update this note for each meeting of the Council. Pursuant to paragraphs 1 and 2 of the Decision, the Protocol attached to it has been submitted to Members and is open for acceptance until
1 December 2007
or such later date as may be decided by the Ministerial Conference. In accordance with Article X:3 of the WTO Agreement, the Protocol will enter into force upon acceptance by two thirds of the WTO Members.

2. To date, the following Members have notified the acceptance of the Protocol Amending the TRIPS Agreement:

  • United States, 17 December 2005, WT/Let/506;
  • Switzerland, 13 September 2006, WT/Let/547;
  • El Salvador, 19 September 2006, WT/Let/548; and
  • Republic of Korea, 24 January 2007, WT/Let/558.

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