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…)
International Investment Agreements and Africa’s Structural Transformation: A Perspective from South Africa
The brief describes the widening debate on the implications of international investment agreements (IIAs) for sustainable development. This debate is particularly relevant in Africa as the continent’s new economic development programme to effect structural transformation and achieve sustainable development may well be constrained by the terms and conditions imposed by IIAs. (more…)
Towards a More Coherent International Legal System on Farmers’ Rights: The Relationship of the FAO ITPGRFA, UPOV and WIPO
This Policy Brief outlines some key areas of interrelation among the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA), the International Union for the Protection of New Varieties of Plants (UPOV) and the World Intellectual Property Organization (WIPO). (more…)
Guidelines on Patentability and Access to Medicines
Until recently, the link between the examination of patents carried out by national patent offices and the right of citizens to access to medicines was not at all clear. They were two functions or responsibilities of the State that apparently had nothing to do with each other. Examining the growing literature on intellectual property and access to medicines, it seems that the analysis of one actor has been left out: the patent offices. (more…)
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…)
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…)
Malala got the Nobel peace prize; here’s why Nabila won’t
By Staff, Firstpost of India
Last week, the Nobel Peace Prize committee announced two winners: Pakistan’s Malala Yousafzai and India’s Kailash Satyarthi for their struggle for the rights of children. While for most Indians K Satyarthi’s name was a bit of a mystery, Malala was already a widely known international figure, her personal story documented on magazine covers around the world. The celebration of Malala in the West has long inspired conspiracy theorists who view her as a CIA stooge — and that she is now the youngest recipient for the Nobel Peace Prize is likely to prove more fodder for the same. But you don’t have to be paranoid to ask the question raised by Murtaza Hussain in Al-Jazeera: What about Nabila Rehman? (more…)
