Press Release: Access to medicines: Commission proposes to allow export of generic medicines to poor countries

The European Commission proposed a Regulation on 29 October 2004 to allow manufacturers of generic pharmaceuticals to produce patented medicines for export to 'countries in need' without sufficient capacity to produce them. The Regulation would implement within the EU a WTO decision of 30th August 2003 (see IP/03/1189) under which national authorities can grant 'compulsory licences' for such production if certain conditions are fulfilled. One requirement was that the destination country must have notified the WTO that it is seeking the medicine covered by the licence. The proposed Regulation put no further restriction on the medicines and diseases to be covered. To help ensure that medicines get to the patients who need them and to protect patent holders, customs authorities would be able to prevent the re-importation into the EU of medicines produced under the system.

• Primary Source