India to increase supply of free generic medicines: some key issues
By Nirmalya Syam
Recent reports indicate that the Indian government plans to increase manifold its spending on procurement of generic medicines for supply free to patients. This is welcome news. However, it is important to ensure future supply of generic medicines by addressing the present problems facing the Indian drug industry.
Beyond ‘Patent Quality’: Basic Concepts of the Patent System Need To Be Reviewed
By Carlos M. Correa
A proposal has been made to initiate a debate on ‘patent quality’ at the World Intellectual Property Organization (WIPO). The expression ‘patent quality’ ambiguously alludes to a growing problem, faced in both developed and developing countries alike: the overwhelming majority of patents are applied for and granted over incremental developments on existing technologies. Although the patent system is supposed to reward inventiveness, in many cases patents cover minor improvements or trivial ideas.
Climate Change, Technology And Intellectual Property Rights: Context And Recent Negotiations.
This Research Paper discusses on contexts and recent negotiations in Technology Transfer, Sustainable Development and Climate Change. In terms of proprietary rights, the author categories technologies and related products into three domains: the Public Technologies; Patented Technologies and Future Technologies. (more…)
Rethinking The R&D Model for Pharmaceutical Products: A Binding Global Convention.
The current incentive-based model of pharmaceutical R&D has failed to make needed medicines available to a large number of people, especially those living in developing countries. This Policy Brief recognizes the urgent need of shifting from the incentive-based model of R&D to a model that effectively promotes not only innovation but more importantly access to medicines, particularly for diseases that disproportionately affect developing countries. (more…)
Mechanisms for International Cooperation in Research and Development: Lessons for the Context of Climate Change.
This Research Paper examines possible modalities of collaboration for research and development (R&D), understood as comprehensive of scientific studies and of activities for the generation of new processes and products and the improvement of existing ones . It briefly discusses, first, the various sources of technology for adaptation to and mitigation of climate change. (more…)
Rethinking Global Health: A Binding Convention for R&D for Pharmaceutical Products.
This Research Paper is a contribution to the debate and reform process of the WHO to enable it to respond to the health and health policy challenges of the twenty-first century. More specifically, this paper addresses the issue of the pharmaceutical innovation system within the perspective of access to medicines, exploring possible structural changes in the current system. (more…)
The Doha Declaration on TRIPS and Public Health Ten Years Later: The State of Implementation.
The Declaration on the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) and Public Health was adopted on 14 November 2001 by the 4th World Trade Organization (WTO) Ministerial Meeting at Doha, Qatar. (more…)
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…)
The Nagoya ABS Protocol and Pathogens.
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 Climate and Trade Relation: Some Issues.
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…)
