Actas - Consejo de los ADPIC - Ver detalles de la intervención/declaración

F Revocation of patents
48. The representative of Japan supported the statement made by the United States. Although there were no specific provisions which defined the grounds for revocation, it should be understood that such grounds should be restricted to the conditions for granting patents and other minimum conditions as provided in Article 62 of the Agreement. As provided in the Paris Convention, revocation should be the last resort and should be preceded by the grant of a compulsory licence; and compulsory licensing should take place in accordance with Article 31 of the TRIPS Agreement. One of the principal elements behind the TRIPS Agreement was that it laid down minimum standards for the protection of intellectual property without allowing Members to avail themselves broadly of exceptions thereto.
IP/C/M/9