In addition to specific laws related to the protection of public health and nutrition, including the Anti-fraud and Defraud Law, Civil Law, the 1992 Patent and Design Law No. 44 in Section one on Patents and Utility Certificates (Article 6) stipulates that neither a patent nor a utility certificate shall be granted for the following:
- plant or animal research, or biological processes for the production of plants or animals, with the exception of microbiological processes and products thereof,
- chemical inventions related to foodstuffs, drugs or pharmaceuticals, unless such products are made by means of special chemical process, in which case protection shall extend only to the process and not to the products of the processes,
- scientific principles and discoveries,
- inventions related to national defense,
- inventions, which, if disclosed or exploited, would be contrary to public policy and morality.
It is to be noted however that, in order to be consistent with the provisions of the TRIPS Agreement, the draft amendment of the 1992 Patent and Design Law No. 44 will introduce new elements by eliminating the mention of the second above-mentioned sub-paragraph (ii) as exception from granting patent. In addition, the amendment will introduce diagnostic, therapeutic and surgical methods for the treatment of humans or animals among exceptions from granting patent as provided for in Article 27 of the TRIPS Agreement.
Furthermore, Section two of the 1992 Patent Law provides for compulsory licences and the reasons of obtaining them in addition to the procedure stipulated in Article 29 under which they are granted. These provisions are also amended to bring the above-mentioned Law in conformity with Articles 30 and 31 of the TRIPS Agreement and to facilitate reading and understanding thereof. The new elements introduced through the amendment are mainly related to the non-exclusivity of compulsory licenses, their restriction to the local market, and the fair compensation for the patent owner. The efforts to be exerted within reasonable period of time for obtaining voluntary license, the prohibition to transfer compulsory licenses and other conditions are also introduced through the amendment to conform to the TRIPS provisions. The public emergency, the public interest and non-commercial uses are also mentioned as grounds of granting compulsory licences.
