Compulsory Licenses

Documento de Investigación 85, Mayo 2018

Acceso a medicamentos: experiencias con licencias obligatorias y uso gubernamental – el caso de la Hepatitis C

El acceso a medicamentos está fuertemente condicionado por su precio y por los mecanismos de financiamiento que pueden aplicarse en cada país. […] Un factor determinante en la fijación del precio de los medicamentos es el grado de competencia existente en una particular clase terapéutica, la que a su vez es influenciada por la existencia o no de derechos de propiedad intelectual, como patentes de invención.

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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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Policy Brief 37, March 2017

The Need to Avoid “TRIPS-Plus” Patent Clauses in Trade Agreements

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. 
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Analytical Note, March 2017

The TRIPS and WTO Negotiations: Stakes for Africa

This paper discusses the current negotiation issues in the context of the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) and the position the African Group has taken in these negotiations. (more…)

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…)

Statement, January 2017

South Centre Statement on the Amendment to the WTO TRIPS Agreement to Ease Access to Affordable Medicine

An amendment to the TRIPS Agreement that aims to facilitate the access to affordable medicines has entered into force upon approval by two thirds of the WTO members. The amendment reflects the recognition by WTO Members of the need for the continued enhancement of global intellectual property rules to allow Members to systematically take measures to protect public health.

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Book by the South Centre, 2013

Pharmaceutical Innovation, Incremental Patenting and Compulsory Licensing

 

Bk_2013_Pharmaceutical innovation_EN_001About the book: This book examines patent trends and the use of compulsory licenses relating to pharmaceuticals in five developing countries: Argentina, Brazil, Colombia, India and South Africa. It finds a number of common features and problems, and shows how the application of rigorous standards of patentability may contribute to protect public health by promoting local production and competition.

Editor: Carlos M. Correa is the Special Advisor on Intellectual Property and Trade of the South Centre and Director of the Center for Interdisciplinary Studies on Industrial Property at the Law Faculty, University of Buenos Aires.

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Investment Policy Brief 3, July 2015

India’s Experience with BITs: Highlights from Recent ISDS Cases

This brief argues that there is a case for a review of India’s bilateral investment treaties (BITs). The author recommends that the review should cover, inter alia, issues of more favourable treatment of foreigners compared to locals, and limitations on policy space of the government to address public interest concerns, in particular, those in the areas of public health and environment. (more…)

Research Paper 56, November 2014

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…)

Research Paper 45, April 2012

Climate Change, Technology And Intellectual Property Rights: Context And Recent Negotiations.

This Research Paper discusses on contexts and recent negotiations in Technology Transfer, Sustainable Development and Climate Change. In terms of proprietary rights, the author categories technologies and related products into three domains: the Public Technologies; Patented Technologies and Future Technologies. (more…)

Research Paper 41, September 2011

Pharmaceutical Innovation, Incremental Patenting and Compulsory Licensing.

Despite the decline in the discovery of new chemical entities for pharmaceutical use, there is a significant proliferation of patents on products and processes that cover minor, incremental innovations. A study conducted in five developing countries – Argentina, Brazil, Colombia, India and South Africa – evidenced a significant proliferation of ‘evergreening’ pharmaceutical patents that can block generic competition and thereby limit access to medicines. (more…)


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