Brevets (y compris la protection des variétés végétales)
2. Does your law, 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)?
The draft Industrial Property Bill 2002 which had been prepared with the assistance of WIPO was notified to the WTO as IP/N/1/GRD/I/3 on 13 June 2002, and contained provisions on the rights of the patentee. This draft did not pass into law. The present draft Patents Act (due to be tabled in 2010) contains provisions on the right of importation in Section 11(1) & 11(2).