Is patent linkage recognized by the WTO?
WTO TRIPS provisions clearly support the concept of patent linkage by requiring procedures in national laws to prevent infringements and by requiring that in process patent cases, the burden of proof shifts to the non-patent holder to prove non-infringement. The clear implication is that national authorities must have preventive measures in place to protect the patent holder, i.e. finding of invalidation or non-infringement, before the non-patent holder would be granted a marketing/manufacturing approval.
