Whenever I hear about compulsory licensing done pursuant to the TRIPS Agreement and related instruments, I wonder whether IP companies will lobby for a formal complaint against the practice. It is permitted in principle, of course, but there is always the possibility that the applicable rules have not been followed. IP companies can't be happy about compulsory licensing, which makes a complaint a real possibility. On the other hand, a complaint could be a PR disaster.
I'm not sure I'm reading this right, but this article suggests that an EU complaint may be under way:
The EU, pushed particularly by Germany and France, recently said it would file a complaint against Thailand for breaking the international agreement on compulsory licensing.
Now, the article says "complaint," but does that mean a complaint under the DSU? Or is it something more informal? I'm not sure, and I can't find any other articles confirming this.
The other likely complainant is the U.S., of course, but it seems the U.S. has no complaint is in the works:
The Office of the US Trade Representative (USTR) has moved to quell rumours that it was on the verge of filing a complaint with the World Trade Organisation about Thailand's compulsory licensing of pharmaceuticals under the Surayud Chulanont government.
''Speculation about a WTO case is frankly surprising,'' the USTR said in a statement. ''Any such consideration would only happen after a thorough review of the consistency of such measures with WTO rules and extensive discussion with the Thai government, neither of which has happened.''
Reports of a WTO case emerged after the Biotechnology Industry Organisation (BIO) and the Pharmaceutical Research and Manufacturers of America (PhRMA) petitioned the US government, as part of the annual Section 301 intellectual property rights review, to designate Thailand a Priority Foreign Country.
The two groups had complained about Thailand for invoking compulsory licences. BIO alleged that the compulsory licences went well beyond the letter and spirit of the WTO's Doha Declaration provisions relating to health emergencies. PhRMA claimed Thailand did not meet all thresholds set under international agreements to issue compulsory licences.
UPDATE: This article suggests there is no EU complaint coming after all:
However, Essential Action says that reports suggesting that the European Union is planning to file a case against Thailand at the World Trade Organisation are untrue. The group says that when asked a plea to the WTO was in the pipeline, an EU official stated that no challenge was or will be made and acknowledges that Thailand's actions are WTO-compliant.
