Regional Course on Intellectual Property Rights and Public Health for UNASUR policy makers: Towards an Intellectual Property Regime that Protects Public Health and Patients’ Rights. Buenos Aires, Argentina, 7-11 September 2015.
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The IP Negotiations Monitor summarizes the latest developments in multilateral and regional fora where intellectual property negotiations are taking place, and informs on upcoming meetings and events.
(Covering period: April – June 2015) (more…)
India’s Experience with BITs: Highlights from Recent ISDS Cases
This brief argues that there is a case for a review of India’s bilateral investment treaties (BITs). The author recommends that the review should cover, inter alia, issues of more favourable treatment of foreigners compared to locals, and limitations on policy space of the government to address public interest concerns, in particular, those in the areas of public health and environment. (more…)
The IP Negotiations Monitor summarizes the latest developments in multilateral and regional fora where intellectual property negotiations are taking place, and informs on upcoming meetings and events.
(Covering period: January – March 2015) (more…)
The Nagoya Protocol: Main Characteristics, Challenges and Opportunities
The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity entered into force in October 2014. Its provisions clearly reflect the need for countries to set up access and benefit sharing rules and procedures for the Protocol’s implementation at the national level. (more…)
Towards a More Coherent International Legal System on Farmers’ Rights: The Relationship of the FAO ITPGRFA, UPOV and WIPO
This Policy Brief outlines some key areas of interrelation among the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA), the International Union for the Protection of New Varieties of Plants (UPOV) and the World Intellectual Property Organization (WIPO). (more…)
Guidelines on Patentability and Access to Medicines
Until recently, the link between the examination of patents carried out by national patent offices and the right of citizens to access to medicines was not at all clear. They were two functions or responsibilities of the State that apparently had nothing to do with each other. Examining the growing literature on intellectual property and access to medicines, it seems that the analysis of one actor has been left out: the patent offices. (more…)
The IP Negotiations Monitor summarizes the latest developments in multilateral and regional fora where intellectual property negotiations are taking place, and informs on upcoming meetings and events.
(Covering period: October 2014 – December 2014) (more…)
Transition Period for TRIPS Implementation for LDCs: Implications for Local Production of Medicines in the East African Community
Article 66.1 of the WTO TRIPS Agreement grants the least developed countries (LDCs) a transition period during which they do not have to provide intellectual property rights protection according to the minimum requirements of the TRIPS Agreement. This transition period has been granted to LDCs to ensure that LDCs are not constrained by the existence of IP rights from taking suitable measures to develop a sound and viable technological base in different industrial sectors. (more…)
Patent Examination and Legal Fictions: How Rights are Created on Feet of Clay
Patents are often presented as an absolute property, comparable to property over land. This simplification overlooks that patent rights are conferred without a solid determination of the factual conditions required for such rights to arise out. The examination process of patent applications faces substantial limitations, even in the case of large patent offices, to determine whether a claimed invention actually meets the patentability standards, however defined. (more…)
Transition Period for Providing Patent Protection for Pharmaceutical Products by LDCs: The Need for Extension
How can Least Developed Countries (LDCs) make effective use of the transition period for the purposes stated in Article 66.1 of the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS), and in particular to promote access to affordable medicines and promote local manufacturing of generic medicines? Should LDCs seek a further extension of the transition period for pharmaceutical products beyond 1 January 2016?
The African Regional Intellectual Property Organization (ARIPO) Protocol on Patents: Implications for Access to Medicines
This paper was commissioned to better understand the workings of the African Regional Intellectual Property Organization (commonly known as “ARIPO”) with regard to its Protocol on Patents and Industrial Designs and to examine the effect of implementation of the Protocol (Section on Patents) on the promotion of access to affordable medicines. (more…)
