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…)
South Centre-TWN Side Event at the UN Climate Conference in Lima: Perspectives on the 2015 Paris deal: Options on the road from Lima to Paris
Speakers from developing countries will give insights on the critical markers from Lima to Paris in order to secure an equitable and just climate agreement at the South Centre-TWN side event in Lima, Peru.
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?
Globalization, Export-Led Growth and Inequality: The East Asian Story
Over the last three decades, several East Asian economies have grown by leaps and bounds. The success of their export-led growth model is regarded, and copied, by many emerging economies as a sure path to achieve high-income status. But with impressive growth came worsening inequality both in personal income and functional income distribution. (more…)
Subsidies and food security in WTO: a permanent solution is still pending
The current WTO rules applicable to public stockholding for food security purposes illustrate the imbalances present in the WTO rules on agriculture. The calculation of the level of subsidies on the basis of outdated fixed reference prices is a flaw that needs to be corrected. Moreover, the rigid limits imposed in the calculation of the AMS ironically penalize developing countries that did not subsidize agricultural production at the time the Uruguay Round was concluded, rather than those with a history of heavy subsidization. (more…)
Improving the Bali Peace Clause on Public Stockholding for Food Security
Since Bali and particularly in the last few months, there has been much attention on the Decision Ministers had taken at the WTO’s Bali Ministerial Conference (2013) on Public Stockholding for Food Security Purposes.
At Bali, Ministers had agreed to a Peace Clause for existing Public Stockholding programmes provided by developing countries for food security purposes. I.e. if they have these programmes, countries should not be brought to the WTO’s dispute settlement if they are going beyond their domestic support commitments under the WTO’s Agreement on Agriculture rules. (more…)
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…)
Climate Change, Technology and Intellectual Property Rights: Context and Recent Negotiations
I. Technology Transfer, Sustainable Development and Climate Change
In order to meet their objectives for mitigation and adaptation in climate change, and move more towards a sustainable development pathway, developing countries need access to environmentally-sound technology at affordable prices. (more…)
The IPCC’s final report, known as the Synthesis Report, indicates the world is doomed if present climate and emission trends continue, but the key solutions are as elusive as before. Imagine our world getting more and more polluted, and little space left for the Earth to absorb more pollutants before all kinds of disasters take place. And imagine that we have not yet found the solutions to really slow down the emissions or to prevent the catastrophe that lies ahead. This look into our scary future was evident at the recent meeting in Copenhagen to finalise the last climate change report of the IPCC (inter-governmental panel on climate change). (more…)
Patent Protection for Plants: Legal Options for Developing Countries
The paper examines, first, the exclusion of patent protection for plants, including plant varieties, biological materials, and essentially biological processes for the production of plants. The legal implications of the right – recognized under the TRIPS Agreement – to exclude plants from patent protection are briefly discussed, as well as how the exclusion allowed by article 27.3(b) of said Agreement has been implemented at the national level and, particularly, whether it can be extended to parts and components of plants. (more…)
South Centre Statement on Coming into Force of Nagoya Protocol
The following is a Statement by the South Centre on the coming into force of the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization. (more…)
