Article 5 Extension to least-developed and developing countries which are not members of the WTO
United Kingdom
The following provisions shall apply to importing countries eligible under Article 4 which are not WTO members:
- (a)
the importing country shall make the notification referred to in Article 8(1) directly to the F1Secretary of State;
- (b)
the importing country shall, in the notification referred to in Article 8(1), state that it will use the system to address public health problems and not as an instrument to pursue industrial or commercial policy objectives and that it will adopt the measures referred to in paragraph 4 of the Decision;
- (c)
the competent authority may, at the request of the rights-holder, F2... terminate a compulsory licence granted pursuant to this Article if the importing country has failed to honour its obligations referred to in point (b). Before terminating a compulsory licence, the competent authority shall take into account any views expressed by the bodies referred to in Article 6(3)(f).
Annotations
Textual amendments
- F1
Words in Art. 5(a) substituted (31.12.2020) by The Patents (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/801), regs. 1, 41(2); 2020 c. 1, Sch. 5 para. 1(1)
- F2
Words in Art. 5(c) omitted (31.12.2020) by virtue of The Patents (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/801), regs. 1, 41(3); 2020 c. 1, Sch. 5 para. 1(1)