Integrating Development into WIPO Activities and Processes: Strategies for the 2004 WIPO Assemblies.
The fortieth Series of Meetings of the Assemblies of Member States of the World Intellectual Property Organization (WIPO) will take place in Geneva from 27 September to 5 October 2004.1 The Assemblies will address various matters including issues currently under negotiation in various WIPO committees and bodies. (more…)
The World Development Report 2005: An Unbalanced Message on Investment Liberalization.
The principal message of the World Development Report 2005 of the World Bank to the developing countries is that they should adopt liberal policies related to foreign investment to spur economic growth and development, and that the development of binding multilateral rules relating to foreign investment would create a favorable climate for foreign investment in developing countries. (more…)
The UNCTAD XI Sao Paulo Consensus: Defining UNCTAD’s Mandate.
This analytical note has been prepared in order to give a concise overview of the salient points of the Sao Paulo Consensus of the United Nations Conference on Trade and Development (UNCTAD) at its Eleventh Session. (more…)
Considerations for the Submission of Initial Offers in Light of the Current State of Play of Negotiations.
This note discusses the differing negotiating scenarios for individual Members and aims to present a clearer picture of the near term prospects for market access negotiations. From this, general considerations and options are provided for Members facing pressure to submit initial offers. (more…)
Analysis of Actual Liberalisation versus GATS Commitments of Quad Members: Mode 4 and Health Services.
This note is the first of a series assessing the actual or current level of trade liberalisation in select modes and sectors of the Quad members (Canada, European Communities, Japan and the United States) compared with their General Agreement on Trade in Services (GATS) commitments in the respective areas. (more…)
The UNCTAD XI: Comments on the 13 May 2004 Draft Negotiated Text.
This paper is intended as a follow-up to the South Centre’s informal paper entitled “The UNCTAD XI: Defining UNCTAD’s Future Mandate” in which readers were provided with a brief overview of the current state of play (as of late March 2004) of the pre-conference negotiations, and then a paragraph by paragraph description of the differences in negotiating positions among various countries. (more…)
A Development Agenda for Intellectual Property Negotiations in 2004 and Beyond.
In 2003, activities in the World Trade Organization’s (WTO) Council for Trade-Related Aspects of Intellectual Property Rights (TRIPS) were fairly subdued, save for the negotiations relating to the implementation of paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health. (more…)
The UNCTAD XI: Defining UNCTAD’s Future Mandate.
This paper is intended to provide readers with a brief overview of the current state of play (as of late March 2004) of the pre-conference negotiations, and then goes on to describe, paragraph by paragraph, the differences in negotiating positions among various countries. (more…)
Comments on the WTO Secretariat’s Paper – Tariff Reductions for Agricultural Products: Some Simulations of the Operation of the Blended Formula (JOB(04)/1).
One of the most contentious issues in agriculture negotiations is the blended approach for market access presented in the proposed framework on agriculture in the Draft Ministerial Declaration produced by the Chairman of the Cancun Conference on 13 September 2003. (more…)
Implementation-Related Issues and Concerns: The Way Forward After Cancun.
This paper looks primarily at the history of implementation issues in the WTO since the 2001 Doha Ministerial Conference, and at some of the major initiatives that developing countries have suggested in order to push the negotiations on implementation issues forward. (more…)
UTILIZING TRIPS FLEXIBILITIES FOR PUBLIC HEALTH PROTECTION THROUGH SOUTH-SOUTH REGIONAL FRAMEWORKS
Despite the significant scientific and technological developments of the 20th century, there continue to exist unacceptable inequalities in the health status of people as between developed and developing countries as well as within developing countries. It is in this context that efforts have been underway over the last several years to make medical technology work better for developing countries and for poor people. A major component of these efforts has focused on the impact of the expansion of patent protection to pharmaceutical products and processes under the World Trade Organization (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). The initial challenge related to the scope and interpretation of the policy flexibilities embodied in the Agreement that could be used to improve availability and access to essential patented medicines. This challenge was resolved by the Doha Declaration on the TRIPS Agreement and Public Health (the Doha Declaration), which affirmed that public health considerations can and should condition the extent to which patents on pharmaceuticals are enforced and that flexibilities in the TRIPS Agreement should be used to this end.
However, while developing countries have the right to exercise the flexibilities under the TRIPS Agreement, in reality it remains difficult for many of them to make effective use of these flexibilities as a public health policy tool. For example, paragraph six of the Doha Declaration on TRIPS and public health recognized that while developing countries can issue compulsory licences; they nevertheless faced difficulties in making effective use of this policy tool due to lack of or insufficient manufacturing capacity. This is, however, just one of the constraints that developing countries face at the national level in their efforts to use TRIPS flexibilities. Other constraints include: lack of technical expertise effectively to implement the TRIPS flexibilities; insufficient technical and infrastructural capacities for medicines regulations; bilateral and other pressures not to use the TRIPS flexibilities for public health purposes and/or to adopt TRIPS-plus standards; difficulties in regulating anti competitive practices and abuse of intellectual property rights; and difficulties in accessing pricing and patent status information. Many of these constraints can be addressed by adopting complimentary policy and legal measures at the regional level.
UTILIZING TRIPS FLEXIBILITIES FOR PUBLIC HEALTH PROTECTION THROUGH SOUTH-SOUTH REGIONAL FRAMEWORKS
Background Note: Article VI (Domestic Regulations) with Emphasis on Paragraph 4 and the EU and Japanese Proposals.
Many subsectors within the service sector, such as infrastructure services, are regulated with the aim to ensure a certain level of quality, to protect consumers, or the environment. (more…)
