Rwanda, TRIPS and Health

Thanks in particular to IP Watch for details of Rwanda's notice that it will take advantage of the flexibilities in TRIPS. http://www.ip-watch.org/weblog/index.php?p=696&res=1024&print=0 . Rwanda is utilising Paragraph 6 of the Doha Declaration 2001 regarding import/export which was considered in the General Council Decision of 2003; however, Rwanda has also stated that pursuant to Paragraph 7 of the Doha Declaration, it will not enforce relevant patents granted in Rwanda.

This is the first instance of a smaller, least developed country taking advantage of these opportunities. It will be interesting to compare future developments with the criticism from patent owners faced by, say Brazil, when it sought to issue compulsory licenses in respect of HIV/AIDS treatments. The impact of the non enforcement declaration on patent owners and courts might also be one to watch.