Can governments make exceptions on patent rights?

 Can governments make exceptions on patent rights?

The answer to this question lies in the regulations of the "trade related intellectual property" (TRIPS) addendum to the WTO treaty.

In the articles 30 and 31 therein, the possibility to set limited exceptions to a patent in force is indeed provided for. In article 30, governments can make exceptions, where for example the public interest weighs heavier than the interest of the patent holder. In article 31, governments can force licenses under certain patented products, again in view of the balance of interest between the public and the patent holder....

So in the end, the patent system is well prepared and designed for the exceptional case of for instance a deadly pandemic.... How cool is that!

For all of you patent holders, do not fear your patents become worthless. This situation is so exceptional that to my knowledge, never before since the draft of the WTO-TRIPS these exceptions have been used...

Yet that the possibility is incorporated in our legal patent framework, is really, really cool!

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