Research Papers

Research Paper 79, September 2017

Access to and Benefit-Sharing of Marine Genetic Resources beyond National Jurisdiction: Developing a New Legally Binding Instrument

This paper examines the underlying principles and main elements of binding and non-binding international instruments relating to access and benefit-sharing of genetic resources. It discusses the gap left by the United Nations Convention on the Law of the Sea and some of the elements that might be considered in developing a new legally-binding instrument on access and benefit-sharing derived from the exploitation of marine genetic resources found in areas beyond national jurisdiction, as mandated by the United Nations General Assembly. (more…)

Research Paper 62R, July 2017

Intellectual Property in the Trans-Pacific Partnership: Increasing the Barriers for the Access to Affordable Medicines (revised)

Most free trade agreements (FTAs) 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 (WTO). (more…)

Research Paper 78, July 2017

Intellectual Property, Public Health and Access to Medicines in International Organizations

This South Centre research paper by Dr. German Velasquez describes and analyses the mandate, programmes, strategies, and activities that different international organizations such as WHO, WTO, WIPO, UNCTAD, UNDP, UNAIDS, the UN Human Rights Council, and the UN Secretary-General’s High Level Panel (UNHLP) on access to medicines have undertaken on the subject of access to medicines, intellectual property, international trade rules and human rights.

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Research Paper 77, May 2017

Access to Hepatitis C Treatment: A Global Problem

“Viral hepatitis is an international public health challenge, comparable to other major communicable diseases, including HIV, tuberculosis and malaria. Despite the significant burden it places on communities across all global regions, hepatitis has been largely ignored as a health and development priority until recently”. – WHO, Global Health Sector strategy on viral Hepatitis 2016-2021: Towards ending viral hepatitis

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Research Paper 76, May 2017

The Financial Crisis and the Global South: Impact and Prospects

The world economy has not still recovered from the effects of the financial crisis that began almost a decade ago first in the US and then in Europe.  Policy response to the crisis, the combination of fiscal restraint and ultra-easy monetary policy, has not only failed to bring about a robust recovery but has also aggravated systemic problems in the global economy, notably inequality and chronic demand gap, on the one hand, and financial fragility, on the other. (more…)

Research Paper 75, March 2017

Implementing Farmers’ Rights Relating to Seeds

The concept of Farmers’ Rights recognized the role of farmers as custodians of biodiversity and helped to draw attention to the need to preserve practices that are essential for sustainable agriculture. This paper examines one particular aspect of such rights, perhaps the most controversial. It deals with the component of farmers’ rights referring to the use, exchange and sale of farm-saved seeds. Although that concept was initially introduced in 1989 with the aim of balancing the rights of farmers as breeders and of commercial plant breeders, a specific reference to the rights relating to seeds was only introduced upon the conclusion of the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA) in 2001.

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Research Paper 74, February 2017

Mitigating the Regulatory Constraints Imposed by Intellectual Property Rules under Free Trade Agreements

IP provisions in FTAs may have implications on a wide range of public policy areas. A vast academic literature has addressed the “flexibilities” available under the TRIPS Agreement and the negative impact of FTAs in relation to access to medicines. (more…)

Research Paper 73, February 2017

Inequality, Financialization and Stagnation

The failure of exceptional monetary measures pursued in response to the financial crisis in advanced economies to achieve a strong recovery has created a widespread concern that these economies suffer from a chronic demand gap and face the prospect of stagnation.  This paper reviews and discusses the alternative views on the causes of the slowdown in accumulation and growth and the policies implemented and proposed to deal with it. (more…)

Research Paper 72, November 2016

Is the Right to Use Trademarks Mandated by the TRIPS Agreement?

Accepting the notion that a positive right to use a trademark is implicitly recognized by the TRIPS Agreement would have systemic implications in the context of WTO. (more…)

Research Paper 71, October 2016

Recovering Sovereignty Over Natural Resources: The Cases of Bolivia and Ecuador

This document analyzes the renegotiation process of oil and gas contracts in two Latin American countries, Bolivia and Ecuador, from 2003 to 2010 and the measures taken for sectorial policy reform in the hydrocarbon sector and our conclusions are that it has been favourable.  (more…)

Research Paper 70, August 2016

Innovation and the Global Expansion of Intellectual Property Rights: Unfulfilled Promises

The incorporation of intellectual property into trade agreements has not proven to bring about the promised benefits. The premises that have underpinned the global strengthening and expansion of intellectual property through such agreements – namely that the same standards of protection are suitable for countries with different levels of development and that innovation will be boosted – do not match the reality. (more…)

Research Paper 69, July 2016

Intellectual Property and Access to Science

The boundaries between scientific and technological knowledge are nebulous in some technical fields, such as the biological sciences and their applications. This has led to the appropriation under patents of knowledge (such as on specific genes) of scientific nature, which may not only have negative effects for the further development of science and new technological contributions, but also encroach on the fundamental right of access to science. (more…)


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