Also known as: national emergency · circumstances of extreme urgency · national emergency or extreme urgency · public health emergency · TRIPS Article 31(b) urgency
Written by attorneys · grounded in primary & secondary sources — see below
A condition that permits waiver of the obligation to seek authorization from a patent right holder on reasonable commercial terms before a member state authorizes compulsory licensing or government use of the patent. The condition excuses the usual negotiation period when swift action is required to address pressing public needs.
During a declared national emergency over a rapidly spreading infectious disease, Member State C notifies the WTO and issues a compulsory license to domestic manufacturer D for patented antiviral medication. D begins production immediately without first negotiating a voluntary license from patent holder E. The waiver applies because the circumstances qualify as a national emergency, satisfying TRIPS Article 31(b).
Member State F faces extreme urgency from a sudden shortage of essential diagnostic equipment during an unforeseen public-health crisis. F authorizes government use of a patented component without attempting to obtain consent from patent holder G on commercial terms. The waiver is valid under the extreme-urgency clause, provided F later pays adequate remuneration.
Select any source to read its text and confirm it supports the definition.
The phrase permits waiver when a member state faces a national emergency or other extreme urgency. In such cases the proposed user need not first attempt to obtain authorization from the right holder on reasonable commercial terms.
Supporting sources
The waiver applies to any authorized use, whether by the government itself or by third parties authorized by the government. The underlying authorization must still satisfy the remaining TRIPS conditions, including adequate remuneration to the right holder.
Supporting sources
The agreement does not require a formal declaration. Circumstances of extreme urgency may exist even without an official proclamation, provided the situation objectively qualifies as a national emergency or comparable crisis.
Supporting sources