Advanced Search
MyIDEAS: Login

Korea, the Pharmaceutical Industry and Non-Commercial Use in the TRIPS Agreement


Author Info

Registered author(s):


    In 2002, a number of associations requested the Korean Patent Office to issue a compulsory license for the manufacture of a drug under the Korean patent provision which permits the issue of compulsory licensing for public non-commercial use. This provision in the Korean patent act was introduced in 1995 ostensibly to comply with Article 31 of the TRIPS Agreement which permits the issue of compulsory licenses without prior consultations with the patent holder. In a change of strategy, the objection to the issue of a compulsory license for the drug, Gleevec, was filed not by the patent holder or by PhRMA, the association and lobby group of the pharmaceutical industry, but by certain individuals claiming to have legal expertise, and sympathizers of the pharmaceutical industry. The objection raised was based on the concept of legitimate expectation, a concept not applicable in the case of the TRIPS Agreement. The objections raised do not appear to be supported by a legal argument and appear to be arbitrary in nature. In addition, they appear to reflect PhRMA’s aims of curtailing the flexibility inherent in the TRIPS Agreement.

    Download Info

    If you experience problems downloading a file, check if you have the proper application to view it first. In case of further problems read the IDEAS help page. Note that these files are not on the IDEAS site. Please be patient as the files may be large.
    File URL:
    Download Restriction: no

    Bibliographic Info

    Paper provided by School of Economics, University of Wollongong, NSW, Australia in its series Economics Working Papers with number wp03-15.

    as in new window
    Length: 37 pages
    Date of creation: 2003
    Date of revision:
    Handle: RePEc:uow:depec1:wp03-15

    Contact details of provider:
    Postal: School of Economics, University of Wollongong, Northfields Avenue, Wollongong NSW 2522 Australia
    Phone: +612 4221-3659
    Fax: +612 4221-3725
    Web page:
    More information through EDIRC

    Related research

    Keywords: Korea; pharmaceutical industry; TRIPS; non-commercial use; patents;

    This paper has been announced in the following NEP Reports:


    No references listed on IDEAS
    You can help add them by filling out this form.



    This item is not listed on Wikipedia, on a reading list or among the top items on IDEAS.


    Access and download statistics


    When requesting a correction, please mention this item's handle: RePEc:uow:depec1:wp03-15. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Peter Siminski).

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If references are entirely missing, you can add them using this form.

    If the full references list an item that is present in RePEc, but the system did not link to it, you can help with this form.

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your profile, as there may be some citations waiting for confirmation.

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.