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1. Member raising question and answering

Switzerland
Bahrain, Kingdom of

2. Category and subcategory

Patents (including Plant Variety Protection)

3. Question

3. Does your legislation, in accordance with Article 27.1 in combination with Article 31 of the TRIPS Agreement, consider importation as "working" a patent (and therefore preclude compulsory licensing, if a product is being imported)?

4. Answer

The draft Law on Patents and Utility Models does not explicitly state whether or not "importation satisfies the working" requirement but may be interpreted to be so. However, it is worth pointing out that Articles 27.1, 27.3 and 31 of the TRIPS Agreement are reflected in the draft Law.
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