Flexibilities

Research Paper 59, December 2014

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…)

Analytical Note, December 2014

Transition Period for Providing Patent Protection for Pharmaceutical Products by LDCs: The Need for Extension

How can Least Developed Countries (LDCs) make effective use of the transition period for the purposes stated in Article 66.1 of the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS), and in particular to promote access to affordable medicines and promote local manufacturing of generic medicines? Should LDCs seek a further extension of the transition period for pharmaceutical products beyond 1 January 2016?

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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…)

Analytical Note, August 2008

Comments on the 3rd high level forum on aid effectiveness. Final Draft of the Accra Agenda for Action.

This South Centre Analytical Note looks at the 25 July 2008 final draft text of the Accra Agenda for Action (AAA) that is being proposed for adoption by participants at the Third High Level Forum on Aid Effectiveness in Accra, Ghana, in September 2008. (more…)

Analytical Note, May 2008

Buying power: aid, governance and public procurement.

This South Centre Analytical Note looks at the donor-driven agenda in the reform of public procurement – the rules that guide government purchasing of goods, works and services – as one of major components in the good governance agenda being incorporated by donors into their aid programmes. (more…)

Analytical Note, July 2007

Comments to the Draft Modalities for WTO NAMA Negotiations dated 17 July 2007.

This note contains preliminary comments on the Draft NAMA Modalities submitted by the Chairman of the WTO Negotiating Group on Market Access (Job (07)/126). While the text will need to be discussed, amended and, if agreed, adopted at a later stage, (more…)

Analytical Note, October 2006

The Suspension of the WTO DDA Negotiations: Scenarios and identification of pressure points for Developing Countries.

This note identifies some opportunities and challenges that the suspension of the WTO Doha negotiations has created for developing countries. In fact, an early identification of pressure points in the negotiations can contribute to the preparedness of developing country delegations for the time negotiations resume. (more…)

Analytical Note, May 2006

Operationalizing the concept of policy space in the UNCTAD XI mid-term review context.

This South Centre Analytical Note provides a brief historical overview of the development of the concept of “policy space” for development in international forums and tries to suggest ways on how, in the context of the UNCTAD XI Mid-Term Review process, (more…)

Analytical Note, January 2006

Project to support Developing Countries in WTO NAMA Negotiations.

This note presents a brief assessment of individual elements of the NAMA section of the Hong Kong Ministerial Declaration and highlights possible strategies available to developing country negotiators in the aftermath of Hong Kong. (more…)