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…)
Linking Mode 4 and Domestic Regulation.
This note discusses some possible ways in which Mode 4 could be addressed within Article VI:4 on domestic regulation. More specifically it tries to show how qualification requirements and procedures, technical standards and licensing requirements may impact the movement of natural persons under Mode 4. (more…)
Institutional Governance and Decision-Making Processes in the WTO.
The WTO’s institutional mandate is clearly spelled out in its founding charter, the 1994 Agreement Establishing the World Trade Organization (WTO Agreement). (more…)
The Legality of Creating Plurilateral Agreements Within the WTO for Singapore Issues.
This note seeks to assess whether it is actually legal, under the WTO Agreement, for WTO Members to undertake and conclude negotiations for plurilateral agreements in the WTO vis-a-vis the Singapore issues. (more…)
The Post-Cancun Legal Status of Singapore Issues in the WTO.
This note is intended to provide readers with an analysis of the current legal status of the Singapore issues mandate established during the 1996 Singapore Ministerial Conference and extended up to the 2003 Cancun Ministerial Conference by the 2001 Doha Ministerial Conference. (more…)
Note on the expiry of the Peace Clause: some elements for consideration by developing countries.
According to Art. 20 of the Agreement on Agriculture the reform process should continue through new negotiations which started in the year 2000. Although progress has been achieved in understanding the positions and concerns of members, no concrete result can be presented so far. (more…)
Institutional Governance and Decision-Making Processes in the WTO: Some Issues for Consideration after Cancun.
Issues relating to internal WTO institutional governance have long been on the agenda of the WTO, stemming primarily from the fact that the institutional mechanisms and processes used have led to problems of transparency, inclusiveness, and participation, as well as efficiency, in decision-making in the organization. (more…)
