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…)
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…)
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…)
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…)
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…)
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…)
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…)
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…)
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…)
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.
Hong Kong Ministerial Conference: Bottom Lines for LDCs in the GATS Negotiations.
This analytical note aims to assist least developed countries (LDCs) participate more actively in the General Agreement on Trade in Services (GATS) negotiations leading up to the Sixth Hong Kong Ministerial Conference of the World Trade Organisation in December 2005 by (more…)
