Pharmaceutical manufacture for export – what do you think?

There’s been a fair bit of fuss earlier today over Australia’s patent laws and allowing Australian manufacturers to manufacture for export only without infringing an existing patent.

The Australian Financial Review ran a piece as did the the popular ‘Club Troppo‘ Blog and Blogotariat.  No doubt there will be more to come.  One of the perceived issues is whether Australia would be complying with both TRIPS and the US Free Trade Agreement in doing so.

Leading Australian Intellectual Property Academic, Andrew Christie noted in a 2002 Report to the Australian Government that the Australian legislation already allows manufacture for export.  (Review of Pharmaceutical Patent Extensions and Springboarding Provisions in Various Jurisdictions, 2002. – let me know if you want a copy and I will send it to you.)

What do you think?  Should countries be allowed to have an exemption from patent infringement solely for manufacture and export?

Photo credit: CarbonNYC