IP rights under investment agreements: The TRIPs-plus implications for enforcement and protection of public interest.
The proliferation of investment and IP agreements raises fundamental questions on the relationship between such agreements and the implementation of national policies for economic development. (more…)
Considering gender and the WTO services negotiations.
The objective of this paper is to raise awareness amongst trade negotiators from developing and least developed countries of the inter-relationship between gender and trade in services issues. The context is the negotiations within the General Agreement on Trade in Services (GATS) under the auspices of the World Trade Organization (WTO). (more…)
THE USE OF FLEXIBILITIES IN TRIPS BY DEVELOPING COUNTRIES: Can they Promote Access to Medicines?
This study was commissioned to: (1) examine the extent to which the flexibilities contained in the World Trade Organization (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) have been incorporated into the legislation of developing countries and the extent of the actual use for public health purposes; (2) review the stated trade policies of major industrialized countries, particularly the United States and the European Union , vis-à-vis developing countries, to determine whether they take adequate account of the public health priorities of developing countries; and (3) examine the practical effect and implications of recently concluded bilateral and regional free trade agreements (FTAs) for public health protection in developing countries. The study has been compiled based on existing literature and other available evidence.
Overall, the study finds that the use of TRIPS flexibilities can promote access to medicines in developing countries. Most developing countries whose laws and practices we reviewed had incorporated one or more of the TRIPS flexibilities and there has been increasing usage of these flexibilities such as compulsory licensing for public health purposes. However, there remain important gaps both in terms of incorporation and usage of flexibilities, which will need to be addressed if the TRIPS flexibilities are to be used effectively across the developing world.
With respect to the stated trade policies of the United States and the EU relating to the protection of intellectual property in third countries, especially developing countries, we find that although some concern for the public health needs of developing countries is reflected, in general, the policies fail to adequately take into account the public health priorities of developing country trading partners.
Finally, with respect to FTAs, we find that a number of provisions in recently concluded FTAs between developed countries (essentially the United States) and developing countries, pose a real risk of undermining the effective use of TRIPS flexibilities in developing countries for public health purposes.
THE USE OF FLEXIBILITIES IN TRIPS BY DEVELOPING COUNTRIES: Can they Promote Access to Medicines?
State of Play in the WTO Agriculture Negotiations: Country Groupings’ Positions – December 2005 Update.
The present note provides an overview of the position of various countries and group of countries active in the WTO agriculture negotiations, with respect to the critical issues under discussion. (more…)
Overview of the Sanitary and Phytosanitary Measures in Quad Countries on Tropical Fruits and Vegetables Imported from Developing Countries.
A number of developing countries,1 and especially least developed countries (LDCs), rely on agriculture for their food security, export earnings and rural development. It has been estimated that the agricultural sector accounts for between 30 per cent and 60 per cent of gross domestic product (GDP) for many of these countries, and is the major source of foreign exchange. (more…)
Hong Kong Ministerial Conference: Bottom Lines for LDCs in the GATS Negotiations.
This analytical note aims to assist least developed countries (LDCs) participate more actively in the General Agreement on Trade in Services (GATS) negotiations leading up to the Sixth Hong Kong Ministerial Conference of the World Trade Organisation in December 2005 by (more…)
Hong Kong Ministerial Conference: Bottom Lines for Developing Countries in the GATS Negotiations.
In the lead up to the Sixth Hong Kong Ministerial Conference of the World Trade Organisation in December 2005, developing countries have an interest to define their outcomes for the General Agreement on Trade in Services (GATS) negotiations. (more…)
Current Trends in Organic Agriculture Markets and Their Implications for Farmers.
The market for organic agricultural products grew steadily during the nineties with global sales estimated at US$ 25 billion in 2003. The projected impressive growth of demand for organic products in the industrialised countries,notably the United States, European Union and Japan constitute an important pull factor for the increase in the production and international trade of organic agricultural products. (more…)
GATS Mode 4 Negotiations and Low Skilled Workers.
This note considers the interest of least developed country (LDC) Members to participate in the market access negotiations of the General Agreement on Trade in Services (GATS). The request and offer process of negotiations begins appropriately with the submittal of an initial request. (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…)
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…)
