Pharmaceutical Innovation, Incremental Patenting and Compulsory Licensing.
Despite the decline in the discovery of new chemical entities for pharmaceutical use, there is a significant proliferation of patents on products and processes that cover minor, incremental innovations. A study conducted in five developing countries – Argentina, Brazil, Colombia, India and South Africa – evidenced a significant proliferation of ‘evergreening’ pharmaceutical patents that can block generic competition and thereby limit access to medicines. (more…)
Pathogens are clearly within the scope of the Nagoya Protocol (NP). Preamble 16 of the NP makes clear that pathogens are within the scope of the NP. Further the preamble does not exclude the application of the benefit sharing provisions of the NP. (more…)
The Nagoya Protocol on Access and Benefit Sharing of Genetic Resources: Analysis and Implementation Options for Developing Countries.
As is common knowledge, the Nagoya Protocol was rushed through in the final hours of COP10 in an attempt to secure a binding instrument on ABS. As a result the Protocol represents, at best, a partially negotiated instrument. In the process, transparency, legal certainty and balance seem to have been sacrificed. (more…)
The Right to Health and Medicines: The Case of Recent Negotiations on the Global Strategy on Public Health, Innovation and Intellectual Property.
The purpose of this research paper is to describe, above all, a negotiating process which many have described as historical. More than an analysis on the subject of public health and intellectual property, this is an analysis of a negotiating process which could change the course and the nature of an organization such as the WHO. (more…)
The new released South Centre Research Paper is to examine some important aspects of the linkage between climate change and trade-related issues. In particular, the paper looks at developments in policies taken by governments and the inter-governmental processes to deal with the crisis in climate change, including within the international climate change regime, the United Nations Framework Convention on Climate Change (UNFCCC), and their inter-linkages with the multilateral trade regime, in particular the World Trade Organization (WTO). (more…)
The Gap between Commitments and Implementation: Assessing the Compliance by Annex I Parties with their Commitments under the UNFCCC and its Kyoto Protocol.
This research paper looks at the extent of compliance by developed countries listed in Annex I of the UNFCCC of their obligations under the UNFCCC to undertake mitigation and to provide financing, technology, and capacity building to developing countries. (more…)
Carbon-Based Competitiveness, Trade and Climate Change: Perspectives of Developing Countries.
This paper analyses a number of issues raised by the increasing links between the global trade and climate agendas such as tariff liberalisation on green technologies, the use of low carbon standards, intellectual property rights and border adjustment measures. The paper examines these issues from the perspectives of developing countries focusing on the political and economic considerations that underlie them. (more…)
The gap between commitments and implementation: Assesing the compliance by Annex I parties with their commitments under the UNFCCC and its Kyoto Protocol.
This research paper looks at the extent of compliance by developed countries listed in Annex I of the UNFCCC of their obligations under the UNFCCC to undertake mitigation and to provide financing, technology, and capacity building to developing countries. (more…)
Accelerating climate-relevant technology innovation and transfer to developing countries: using TRIPs flexibilities under the UNFCCC.
This Analytical Note examines flexibilities in the Agreement on Trade-Related Intellectual Property Rights (TRIPS) of the World Trade Organization (WTO) and possible technology transfer approaches under the UN Framework Convention on Climate Change (UNFCCC) (more…)
Developing Biotechnology Innovations Through Traditional Knowledge.
This paper suggests that by using biotechnology, traditional knowledge holders may obtain economic gain, through innovation and research and development based on the traditional knowledge. It also explores what are the obstacles in the development of biotechnology-based traditional knowledge innovation. (more…)
Policy Space for Domestic Public Interest Measures Under TRIPS.
This paper examines the scope of policy space available to integrate economic, social and environmental concerns under the World Trade Organization’s (WTO) Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS). (more…)
IPR Misuse: The Core Issue in Standards and Patents.
Standards cover nearly all fields, including pharmaceuticals, food production, the environment, energy, information and telecommunications. Problems arise when IPRs are included in standards and a balance cannot be struck between the private interests of IPR owners and the integrity of standardization. (more…)
