DIIP Monthly Update – June 2017
This update provides a snapshot of the activities of the Development, Innovation and Intellectual Property Programme during the month of June 2017.
Access to Medicines
SouthViews No. 145, 28 February 2017
Avoid patent clauses in trade treaties that can kill millions
By Martin Khor
A recent article in a prestigious journal reminds us of how the intellectual property chapter of free trade agreements can prevent the sick from getting treatment. This article also critiques the TPP clauses and warns that they should not be translated to national laws or copied into other FTAs being negotiated. (more…)
SouthViews No. 138, 2 December 2016
On World AIDS Day, threat to access to medicines looms large
By Shailly Gupta
Today millions of people living with HIV in South-East Asia are receiving treatment and leading healthy lives thanks to affordable generic antiretroviral (ARVs) medicines. Governments and treatment providers across Asia, such as the government of Indonesia and Médecins Sans Frontières (MSF), patients across our missions in many countries, depend on an uninterrupted supply of affordable generic HIV medicines to reduce new HIV infections and AIDS-related deaths in the region. But as the trade negotiators from 16 countries gather in Indonesia next week to deliberate the terms of a trade agreement — the Regional Comprehensive Economic Partnership agreement (RCEP), access to low-cost generic medicines is under grave threat. (more…)
Book by the South Centre, 2013
Derechos de Propiedad Intelectual, Investigación y Desarrollo, Derechos Humanos y Acceso a Medicamentos: Bibliografía Seleccionada y Anotada
Descripción:
El Centro del Sur ha preparado esta bibliografía seleccionada y anotada para asistir a los países en desarrollo en la implementación de políticas y reglamentaciones en materia de PI de manera coherente con los objetivos de desarrollo y los principios de salud pública. El creciente volumen de literatura que se está produciendo en torno al tema de PI, I+D, derechos humanos y acceso a medicamentos en los últimos cinco años puede ayudar a los países a encontrar las oportunidades y el espacio de maniobra para proteger a los ciudadanos de los países en desarrollo del medio insano que han generado las nuevas normas del comercio internacional.
Autores: Germán Velásquez, Carlos M. Correa, Xavier Seuba
SouthViews No. 121, 12 November 2015
The grant of patents and the exorbitant cost of “lifesaving” drugs
By Germán Velásquez
The important relationship between the examination of patents carried out by national patent offices and the right of citizens to access to medicines hasn’t always been well understood. Too often these are viewed as unrelated functions or responsibilities of the state. And the reason is clear: patentability requirements are not defined by patent offices, but frequently by the courts, tribunals, legislation or treaty negotiators. This is the case when patent policy is implemented in isolation from, rather than guided by, public health policy. (more…)
SouthViews No. 103, 8 April 2014
A matter of life and death
By Martin Khor
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…)
SouthViews No. 73, 26 June 2013
The man who saved millions with cheap medicines
By Martin Khor
His rivals called him a “pirate” but grateful millions whose lives were saved by his cheap generic medicines consider him a Robin Hood—Yusuf Hamied, leader of India’s giant company, Cipla.
SouthViews No. 51, 13 December 2012
India prepares to supply free generic medicines
By Zofeen Ebrahim
As the northern Indian state of Rajasthan rolls out an ambitious universal healthcare plan, the discontent of the state’s doctors stands in stark contrast to the joys of the 68 million people who will benefit from the scheme.
SouthViews No. 37, 22 October 2012
Asian countries act to get cheap drugs
By Martin Khor
Staring with Malaysia in 2003, many Asian countries are now taking actions to promote cheaper medicines through compulsory licensing, with Indonesia being the latest case.
(more…)
SouthViews No. 32, 18 September 2012
India to increase supply of free generic medicines: some key issues
By Nirmalya Syam
Recent reports indicate that the Indian government plans to increase manifold its spending on procurement of generic medicines for supply free to patients. This is welcome news. However, it is important to ensure future supply of generic medicines by addressing the present problems facing the Indian drug industry.
SouthViews No. 24, 25 July 2012
Beyond ‘Patent Quality’: Basic Concepts of the Patent System Need To Be Reviewed
By Carlos M. Correa
A proposal has been made to initiate a debate on ‘patent quality’ at the World Intellectual Property Organization (WIPO). The expression ‘patent quality’ ambiguously alludes to a growing problem, faced in both developed and developing countries alike: the overwhelming majority of patents are applied for and granted over incremental developments on existing technologies. Although the patent system is supposed to reward inventiveness, in many cases patents cover minor improvements or trivial ideas.
Book by the South Centre, 2006
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?