Intellectual Property in the Trans-Pacific Partnership: Increasing the Barriers for the Access to Affordable Medicines (revised)
Most free trade agreements (FTAs) signed by the United States, the European Union and the members of the European Free Trade Association (EFTA) in the last 15 years contain chapters on intellectual property rights with provisions applicable to pharmaceuticals. Such provisions considerably expand the rights recognized to pharmaceutical companies under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) established in the context of the World Trade Organization (WTO). (more…)
Intellectual Property, Public Health and Access to Medicines in International Organizations
This South Centre research paper by Dr. German Velasquez describes and analyses the mandate, programmes, strategies, and activities that different international organizations such as WHO, WTO, WIPO, UNCTAD, UNDP, UNAIDS, the UN Human Rights Council, and the UN Secretary-General’s High Level Panel (UNHLP) on access to medicines have undertaken on the subject of access to medicines, intellectual property, international trade rules and human rights.
South Centre Statement to the 26th Session of the WIPO Standing Committee on the Law of Patents (SCP)
The 26th session of the WIPO Standing Committee on the Law of Patents (SCP) is meeting this week at the WIPO headquarters in Geneva. The South Centre is participating in the current session of the SCP as an observer. The following statement was delivered by the South Centre on the first day of the current session of the SCP.
Outcomes of the Nineteenth Session of the WIPO Committee on Development and Intellectual Property: A Critical Reflection
Despite the high relevance of the issues discussed in the agenda of the WIPO Committee on Development and Intellectual Property (CDIP), the effectiveness of the CDIP in leading the development orientation of the work of WIPO has diminished remarkably. Under the banner of the implementation of the Development Agenda recommendations agreed in 2007, significant reform was expected, but today much continues as business as usual.
“Viral hepatitis is an international public health challenge, comparable to other major communicable diseases, including HIV, tuberculosis and malaria. Despite the significant burden it places on communities across all global regions, hepatitis has been largely ignored as a health and development priority until recently”. – WHO, Global Health Sector strategy on viral Hepatitis 2016-2021: Towards ending viral hepatitis
The concept of Farmers’ Rights recognized the role of farmers as custodians of biodiversity and helped to draw attention to the need to preserve practices that are essential for sustainable agriculture. This paper examines one particular aspect of such rights, perhaps the most controversial. It deals with the component of farmers’ rights referring to the use, exchange and sale of farm-saved seeds. Although that concept was initially introduced in 1989 with the aim of balancing the rights of farmers as breeders and of commercial plant breeders, a specific reference to the rights relating to seeds was only introduced upon the conclusion of the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA) in 2001.
The Need to Avoid “TRIPS-Plus” Patent Clauses in Trade Agreements
A recent article in a prestigious journal reminds us of how the intellectual property chapter of free trade agreements can prevent the sick from getting treatment. This article also critiques the TPP clauses and warns that they should not be translated to national laws or copied into other FTAs being negotiated. (more…)
This paper discusses the current negotiation issues in the context of the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) and the position the African Group has taken in these negotiations. (more…)
Mitigating the Regulatory Constraints Imposed by Intellectual Property Rules under Free Trade Agreements
IP provisions in FTAs may have implications on a wide range of public policy areas. A vast academic literature has addressed the “flexibilities” available under the TRIPS Agreement and the negative impact of FTAs in relation to access to medicines. (more…)