The Telegraph
Since 1st March, 1999
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The compulsory licence issued by the exporting member under this decision shall contain the following conditions:

(i) only the amount necessary to meet the needs of the eligible importing member(s) may be manufactured under the licence and the entirety of this production shall be exported to the member(s) which has notified its needs to the council for trade related intellectual property rights; (ii) products produced under the licence shall be clearly identified as being produced under the system set out in this decision through specific labelling or marking. Suppliers should distinguish such products through special packaging and/or special colouring/shaping of the products themselves, provided that such distinction is feasible and does not have a significant impact on price; and

(iii) before shipment begins, the licensee shall post on a website the following information: the quantities being supplied to each destination as referred to in indent (i) above; and the distinguishing features of the product(s) referred to in indent (ii) above;

(c) the exporting member shall notify the council for TRIPS of the grant of the licence, including the conditions attached to it...The notification shall also indicate the address of the website...

3. Where a compulsory licence is granted by an exporting member under the system set out in this decision, adequate remuneration pursuant to Article 31(h) of the TRIPS agreement shall be paid in that member taking into account the economic value to the importing member of the use that has been authorized in the exporting member. Where a compulsory licence is granted for the same products in the eligible importing member, the obligation of that member under Article 31(h) shall be waived in respect of those products for which paid to the exporting member.

4. In order to ensure that the products imported under the system set out in this decision are used for the public health purposes underlying their importation, eligible importing members shall take reasonable measures within their means, proportionate to their administrative capacities and to the risk of trade diversion to prevent re-exportation of the products that have actually been imported into their territories under the system. In the event that an eligible importing member that is a developing country member or a least-developed country member experiences difficulty in implementing this provision, developed country members shall provide, on request and on mutually agreed terms and conditions, technical and financial cooperation in order to facilitate its implementation.

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