Innovation & Development

South Centre and Oxfam Novib Research Report, December 2018

The Status of Patenting Plants in the Global South

Over the last few decades, the number of patents on plants and plant parts has greatly increased in various parts of the world. This has triggered social debate about possible negative consequences for the breeding sector, farmers and society. Despite the urgency of these questions, most research and literature has focused exclusively on developed countries – the USA and European Union, in particular – while little is known about the extent to which plants are being patented in other parts of the world. This research report, conducted and written by Prof. Carlos M. Correa, aims to fill this information gap by providing an overview of the status of patenting plants in the developing countries and emerging economies of the Global South.

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Policy Brief 57, January 2019

Will the Amendment to the TRIPS Agreement Enhance Access to Medicines?

An amendment to the TRIPS Agreement by incorporation of the text of the decision of the WTO General Council on 30 August 2003 (as article 31bis) has been made in response to the problem identified in paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health. This paragraph sought a solution to situations where patented pharmaceuticals which are not available in a country with no or insufficient manufacturing capacity can be supplied by a foreign provider. As originally adopted, the TRIPS Agreement did not allow the grant of compulsory licenses for exports only, thereby preventing generic manufacturers from exporting the required products to countries unable to produce them. While the new article 31bis is a step forward as it reflects public health concerns, it would be necessary to streamline the procedures to effectively ensure broader access to pharmaceutical products at low cost and in a timely manner.

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Investment Policy Brief 13, December 2018

IP Licence, Trademarks and ISDS: Bridgestone v. Panama

Can an intellectual property right or a license authorizing its use be deemed an ‘investment’ under bilateral investment treaties? This policy brief discusses the arguments submitted by the parties in the Bridgestone Licensing Services, Inc. and  Bridgestone Americas, Inc. v. Republic of Panama case on questions regarding a trademark license agreement. Bridgestone Licensing Services, Inc. (BSLS) and Bridgestone Americas, Inc. (BSAM) together initiated arbitration proceedings on the grounds that Panama’s Supreme Court decision was unjust and arbitrary, violated Panama’s obligations under the United States-Panama Trade Promotion Agreement (TPA),  expropriated their investments, and violated the requirement of fair and equitable treatment (FET) to BSLS’s and BSAM’s investments.

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Research Paper 90, December 2018

Compulsory Licensing Jurisprudence in South Africa: Do We Have Our Priorities Right?

Compulsory licences are generally available on a variety of grounds, most notably on patents where the patentee is found to have abused its rights in one manner or another. This research paper attempts to review South African case law on applications for compulsory licences since the inception of the current legislation, analyse the interpretations placed on the relevant sections, and draw conclusions about judicial reasoning, impediments to the grant of such licences, and generally the courts’ approach to disputes relating to patents.

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SC Project Launch, November 2018

Title:                       Breakfast Meeting for Ambassadors of the Group of 77 and China

                                Launch of Project: A Public Health Approach to Intellectual Property Rights

Date and Time:      9 November 2018, 9-10  AM

Venue:                    Intercontinental Hotel, Room Méditerranée – Benelux, First Floor

Organizers:           South Centre 

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Policy Brief 54, October 2018

The Use of TRIPS Flexibilities for the Access to Hepatitis C Treatment

In late 2013, a new Hepatitis C treatment called direct-acting antivirals (DAAs) was introduced in the market at unaffordable prices. The eradication of the disease is possible if medicines can be purchased at AFFORDABLE prices within health budgets. IF THIS IS NOT THE CASE, governments should consider the use of the TRIPS flexibilities to facilitate access to the treatment.

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Statement, September 2018

South Centre Statement to the WIPO Assemblies 2018

The South Centre is the intergovernmental organization of developing countries with 54 member States across Africa, Asia and Central and Latin America, that is supportive of multilateral work towards an inclusive, balanced and flexible international intellectual property system that benefits all countries and all types of users.

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SC WTO Public Forum Event, 2 October 2018

Title:                             Intellectual Property and Health: The Use of TRIPS Flexibilities to Achieve                                                    SDGs

Date and Time:            2 October 2018, 11:30-13:00

Venue:                          Room S1, The World Trade Organization (WTO), Geneva

Organizer:                   The South Centre

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Announcement, September 2018

New project to scale up access to medicines 

The South Centre is pleased to announce that it is scaling up its services to developing country governments in the area of intellectual property rights and public health, thanks to the support of Unitaid. The project “Expanding the use of TRIPS flexibilities to promote affordable access to medicines” will allow the South Centre to roll out a number of training activities at regional and national level and a global advisory service on the use of TRIPS flexibilities for public health.

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Statement, September 2018

South Centre Statement for the Informal Consultation on the Roadmap on Access to Medicines

The draft roadmap is an important work in progress that needs to be further detailed with clear deliverables and timelines. The roadmap will need to ensure complementarity of its work and the implementation of the Global Strategy and Plan of Action on Public Health, Innovation and Intellectual Property (GSPOA).

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Analytical Note, September 2018

Towards the Adoption of a UN Declaration on the Rights of Peasants and Other People Working In Rural Areas

The UN Declaration on the Rights of Peasants and Other People Working in Rural Areas has been constructed by an Open-ended Intergovernmental Working Group over six years of open and transparent negotiations. The text has significant support from members of the Human Rights Council. Accordingly, member States of the Human Rights Council should adopt the  Declaration through an upcoming Resolution at the 39th Human Rights Council Session (10-28 September 2018).

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