This update provides a snapshot of the activities of the Development, Innovation and Intellectual Property Programme during the month of June 2017.
Access to Medicines
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.
Access to Hepatitis C Treatment: A Global Problem
“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 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.
The TRIPS and WTO Negotiations: Stakes for Africa
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…)
South Centre Statement on the Amendment to the WTO TRIPS Agreement to Ease Access to Affordable Medicine
An amendment to the TRIPS Agreement that aims to facilitate the access to affordable medicines has entered into force upon approval by two thirds of the WTO members. The amendment reflects the recognition by WTO Members of the need for the continued enhancement of global intellectual property rules to allow Members to systematically take measures to protect public health.
South Centre Statement to the 18th session of WIPO Committee on Development and Intellectual Property
The following is the statement delivered on 31 October 2016 by the South Centre to the World Intellectual Property Organization’s (WIPO) Committee on Development and Intellectual Property (CDIP) at its eighteenth session. The Centre highlights the importance of the WIPO Development Agenda.
South Centre Statement to the WIPO Assemblies 2016
The statement highlights that the greatest challenge for developing countries and LDCs in the area of intellectual property (IP) is the proliferation of regional and bilateral trade and investment agreements that impose IP obligations, together with the coercive external political and economic pressure to restrain from making use of the flexibilities in the IP system.
The WHO “Red Book” on Access to Medicines and Intellectual Property – 20 Years Later
About the book: The publication in 1998 by the WHO’s Essential Drugs Department of the document “Globalization and Access to Drugs: Implications of the WTO/TRIPS Agreement” marked a point in time in the movement to ensure access to essential medicines for all. The publication, often referred to as ‘the WHO red book’, marked the beginning of an international policy process to address the issue of innovation and access to essential medicines. It triggered a series of reactions from the pharmaceutical industry, the US Government and the WTO, reproaching WHO for stepping out of its role. In light of these attacks, the then Director General of WHO decided to send the document to be revised by three independent academics specializing in intellectual property. The letters and documents criticizing the WHO publication as well as the review by the three international experts are reproduced in this book.
Authors: Germán Velásquez and Pascale Boulet
Some Critical Issues Related to Access to Medicines and Intellectual Property
About the book: The international debate and negotiations over access to medicines in the last ten years have been one of the most important moments in the recent history of public health. This debate is taking place in UN specialized agencies like WHO, UNDP, UNCTAD, UNAIDS, WIPO, WTO, the Commission of Human Rights, NGOs working on health, philanthropic foundations, and the pharmaceutical industry. This book is a collection of papers by the South Centre between 2011 and 2014 on the deliberations and negotiations in the World Health Organization (WHO) on access to medicines and their relationship with other actors dealing with international trade and intellectual property regimes.
Author: Germán Velásquez is the Special Adviser for Health and Development at the South Centre, Geneva, Switzerland
Pharmaceutical Innovation, Incremental Patenting and Compulsory Licensing
About the book: This book examines patent trends and the use of compulsory licenses relating to pharmaceuticals in five developing countries: Argentina, Brazil, Colombia, India and South Africa. It finds a number of common features and problems, and shows how the application of rigorous standards of patentability may contribute to protect public health by promoting local production and competition.
Editor: Carlos M. Correa is the Special Advisor on Intellectual Property and Trade of the South Centre and Director of the Center for Interdisciplinary Studies on Industrial Property at the Law Faculty, University of Buenos Aires.