Compulsory Licensing

Thanks to the IPKat and Reuters for report of compulsory licenses ordered in Thailand in respect of a Merck patented HIV/AIDS drug. So far the debate seems to be proceeding along the usual lines: MSF and Thailand arguing they need the drugs more cheaply, Merck saying this was done without consultation, that it makes no profit on this drug in Thailand, and that compulsory licensing should be imposed as a last resort. Merck does have an established CSR programme in respect of HIV/AIDS http://www.merck.com/cr/enabling_access/developing_world/hiv/home.html

TRIPS, of course, permits countries to impose compulsory licences in such situations: but it has never been quite as simple as that. What comes next - back to the WTO DSS? Bilaterals? Or recognition that this is an acceptable balance.