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4. Conclusion

In sum, it is essential for developing countries to maintain the robust

utilization of the flexibilities granted by the TRIPS Agreement as follows:

First, developing countries should make use of compulsory licensing
in the situations where prices of medicines, supply or any other obstacle to

accessibility to drugs exists. Second, they should exercise parallel importation,

by applying the concept of national exhaustion.

Third, developing countries should introduce patent opposition and

revocation proceedings without patent validity assumption, to exploit the

expertise and relevant data from the third parties in evaluation processes.

Forth, since it would be difficult to oppose the patents which meet
the criteria of patentability, it is significant to restrict some subject matters

from patentability and to clearly define patentability criteria at the same time.

Countries should make sure that patent protection should not be extended to

novel forms of known pharmaceutical compositions and the novel methods for

the utilization of those known compositions. In this regard, the Patent Act of
India, Section 3(d), presents a possible model for other developing countries.

Fifth, the developing countries should provide additional exemptions to

their national patent law such as the Bolar exemption and the exemption for

the purposes of research and experimental use.

Sixth, it is crucial to bring public participation, especially the

involvement of the health groups and producers of generic drugs in the

process of patent evaluation. Therefore, developing countries should ensure
that the database on patent applications and patents can be easily accessed

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