4. Questions for Consideration
Acceptance of the Protocol
Given the WTO membership's unanimous support for the Doha Declaration and New Zealand's role in drafting the waiver that later became the Protocol, there appears to be no reason why New Zealand should not accept the Protocol.
- Do you agree with this proposition?
- If your answer to this question is no, what benefits would New Zealand gain (or what disadvantages would be avoided) by non-acceptance?
New Zealand as an Exporting Member
Acceptance of the Protocol by New Zealand without legislative amendment to become an Exporting Member would appear to render acceptance meaningless. Acceptance without such amendments does not seem a viable option.
- Do you disagree with this proposition?
- If your answer to the preceding question is yes, why do you disagree?
Legislative Changes
If New Zealand accepts the Protocol and becomes an exporting Member, legislative changes will be required. The following questions deal with issues surrounding these changes. In answering these questions, submitters should consider the likely impact on applicants for compulsory licenses of the options suggested.
Purpose of the License
- Should New Zealand's legislation specifically list the public health problems for which licenses can be granted under the Protocol?
- If you think New Zealand's legislation should list the public health problems, which ones should be specified?
- If you think that New Zealand's legislation should not list the public health problems, what broader definition of "public health problem" could be used?
Products for Which a License Should be Granted
- The Protocol contains a definition of "pharmaceutical product". Should this definition be adopted "as is" by New Zealand?
- If your answer to the preceding question is "no", and bearing in mind that any alternative definition may differ from, but must not be inconsistent with the definition in the Protocol, what alternative definition should be adopted?
Eligible Countries of Importation
- Should non-WTO Members be included as eligible countries of importation?
- If your answer to this question is "no", why should non-WTO Member countries be excluded?
- Should any or all of the countries that have indicated that they will not use the Protocol as importing Members be excluded as eligible countries of importation?
- If your answer to this question is "yes", why?
Voluntary Licenses
The requirement, in s46 of the Patents Act 1953, for applicants for compulsory licenses to take "all reasonable steps" to obtain a voluntary license may be stricter than the "make efforts" requirement of Article 31(b) of the TRIPS Agreement.
- Should New Zealand amend its legislation to require applicants for compulsory licenses to "make efforts" to obtain a voluntary license?
- If your answer to this question is "no", why?
Back to Top