Guidelines on Patentability and Access to Medicines
The important relationship between the examination of patents carried out by national patent offices and the right of citizens to access to medicines hasn’t always been well-understood. Too often these are viewed as to unrelated functions or responsibilities of the State . And the reason is clear: Patentability requirements are not defined by patent offices, but frequently by the courts, tribunals, legislation or treaty negotiators. (more…)
The South Centre calls on WIPO Member States to guide the work of the organization towards shaping a more inclusive and balanced international intellectual property system.
South Centre Calls on the WTO TRIPS Council to Support Access to Medicines and Technological Advancement for the Least Developed Countries
The South Centre fully supports the Least Developed Countries’ (LDC) request for an extension of the transition period granted to LDCs under Article 66.1 of the World Trade Organization’s Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) in respect of pharmaceutical products for as long as a WTO member remains an LDC, and the waiver from obligations under Articles 70.8 and 70.9 of the TRIPS Agreement. (more…)
The WIPO Negotiations on IP, Genetic Resources and Traditional Knowledge: Can It Deliver?
There has been much expectation on what the Intellectual Property Organization (WIPO) can deliver on intellectual property aspects of the protection of genetic resources (GRs), traditional knowledge (TK) and related traditional cultural expressions (TCEs). Results from fourteen years of extensive study, analysis and discussion have been distilled into three negotiating texts. But in July 2014, negotiations suffered a reversal. (more…)
Lack of Progress at the Twenty-Second Session of the WIPO SCP for a Balanced and Development-Oriented Work Programme on Patent Law Related Issues
The twenty-second session of the WIPO Standing Committee on the Law of Patents (SCP) was held in Geneva from 27 to 31 July 2015. About seven years since the Standing Committee on the Law of Patents (SCP) of the World Intellectual Property Organization (WIPO) had reconvened in June 2008 with a focus on developing a balanced work programme on issues relating to the law of patents that would also address development and public policy issues that arise in the context of the patent system, the SCP has been unable to agree on a work programme on any issue related to patents and development. (more…)
Intellectual Property in the Trans-Pacific Partnership: Increasing the Barriers for the Access to Affordable Medicines
Most free trade agreements 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. (more…)
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. (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.
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.
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…)
