Intellectual Property

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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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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Policy Brief 51, September 2018

US Claims under Special Section 301 against China Undermine the Credibility of the WTO

The US action to place China in the Special 301 ‘Priority Watch List’ is unjustified and in contravention to the WTO rules. The claims made against China are based on standards self-determined by the Office of the United States Trade Representative (USTR), not on international standards. This is an example of a systemic problem that requires a concerted response. WTO members should unite to firmly oppose the imposition of unilateral measures that undermine the multilateral trading system and the credibility of WTO as a ruled-based institution.

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Policy Brief 50, August 2018

The International Debate on Generic Medicines of Biological Origin

The debate on generic medicines is not new. What makes it different today is that attacks levelled against biological generic products are couched in even more “technical” and abstruse language. The high price of biological drugs stems mainly from the introduction of barriers to the entry of generics into the market. In any debate on the feasibility of producing biological generic products identical to the ‘original’ ones, it should be made clear that what are at stake are not identical products but therapeutic equivalents.

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SC Conference on TRIPS-CBD, 7-8 June 2018

Title:                 International Conference on TRIPS-CBD Linkage: Issues and Way Forward

Date:                7-8 June 2018

Venue:              Room IX, Palais des Nations, Geneva

Organizers:     The South Centre, Centre for WTO Studies and the Indian Institute of Foreign Trade, co-sponsored by the Permanent Missions of Brazil, India, Indonesia and South Africa to the WTO

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