Transition Period for TRIPS Implementation for LDCs: Implications for Local Production of Medicines in the East African Community
Article 66.1 of the WTO TRIPS Agreement grants the least developed countries (LDCs) a transition period during which they do not have to provide intellectual property rights protection according to the minimum requirements of the TRIPS Agreement. This transition period has been granted to LDCs to ensure that LDCs are not constrained by the existence of IP rights from taking suitable measures to develop a sound and viable technological base in different industrial sectors. (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 The calculation of the level of subsidies on the basis of outdated fixed reference prices is a flaw that needs to be corrected.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…)
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…)
Of all the issues currently being negotiated on the Trans Pacific Partnership Agreement, none are more important than the ability of patients to get life-saving medicines at affordable prices, which many fear may be a victim of the agreement. (more…)
The investor-state dispute system, whereby foreign investors can sue the government in an international tribunal, is one of the issues being negotiated in the Trans-Pacific Partnership Agreement and other free trade agreements. (more…)
The investor-state dispute system, whereby foreign investors can sue the government in an international tribunal, is one of the issues being negotiated in the Trans-Pacific Partnership Agreement and other free trade agreements. In the recent public debate surrounding the Trans Pacific Partnership Agreement (TPPA), an issue that seems to stand out is the investor-state dispute settlement system (ISDS). It enables foreign investors of TPPA countries to directly sue the host government in an international tribunal. (more…)
The economically successful developing countries are characterised as having a strong “developmental state”. But this role of the state is coming under attack in new global rules being created. Two new trade agreements involving the two economic giants, the United States and European Union, are leading a charge against the role of the state in the economy in developing countries. Attention should be paid to this initiative as it has serious repercussions on the future development plans and prospects of the developing countries. (more…)
10 documents were distributed to WTO Members on 26 November 2013 at the last General Council meeting before the Bali Ministerial Conference (MC9). These documents are being transmitted to Bali. They include:
Trade Facilitation (Rm W text – JOB/TNC/35)
Agriculture
General Services (JOB/TNC/28)
Public Stockholding for Food Security Purposes (JOB/TNC/29)
Understanding on Tariff Rate Quota Administration Provisions of Agricultural Products, as Defined in Article 2 of the Agreement on Agriculture (JOB/TNC/30)
10 documents were distributed to WTO Members on 26 November 2013 at the last General Council meeting before the Bali Ministerial Conference (MC9). These documents are being transmitted to Bali. (more…)
