Flexibilities

Policy Brief 39, May 2017

Highlights of the WHO Executive Board: 140th Session

The World Health Assembly (WHA), the highest body of the World Health Organization, will be meeting from 22-31 May 2017.

Earlier in January, the Executive Board of the WHO met and discussed on various strategic issues that will be carried forward to the WHA.

In this light, the South Centre has prepared a timely summary report in the form of a policy brief of the discussions that took place at the EB, to assist delegates and other stakeholders in their preparation for the discussions in the WHA.

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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, December 2016

South Centre Statement to the UNAIDS Programme Coordinating Board

The following is the statement delivered by the South Centre to the UNAIDS Programme Coordinating Board on 7 December 2016 in Geneva .

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Statement, October 2016

South Centre Statement to the 18th session of WIPO Committee on Development and Intellectual Property

The following is the statement delivered on 31 October 2016 by the South Centre to the World Intellectual Property Organization’s (WIPO) Committee on Development and Intellectual Property (CDIP) at its eighteenth session. The Centre highlights the importance of the WIPO Development Agenda.

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Statement, October 2016

South Centre Statement to the WIPO Assemblies 2016

The statement highlights that the greatest challenge for developing countries and LDCs in the area of intellectual property (IP) is the proliferation of regional and bilateral trade and investment agreements that impose IP obligations, together with the coercive external political and economic pressure to restrain from making use of the flexibilities in the IP system.

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SC Side Event to the 24th WIPO SCP, 29 June 2016

Title:              Patents and Public Health: Exploring Options for Future Work in the WIPO

Date:              29 June 2016, 13:00-14:45

Venue:           WIPO, Room B

Organizer:   South Centre (more…)

Investment Book Launch, 18 May 2016

Title of Book:               Investment Treaties: Views and Experiences from Developing Countries

Title of Event:              REFORM OF THE INVESTMENT PROTECTION REGIME

                                       VIEWS AND EXPERIENCES FROM DEVELOPING COUNTRIES

Date:                              Wednesday, 18 May 2016, 13:30-15:00

Venue:                           Library Events Room (B-135), Palais des Nations, Geneva

Organizer:                    South Centre and UNOG Library

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Book by the South Centre, 2016

Public Health Perspective on Intellectual Property and Access to Medicines, A compilation of studies prepared for WHO

 

Bk_2016_Public Health Perspective on IP and Access to Medicines_EN_001About the book: The purpose of this book is to facilitate the elaboration of national health policies and strategies to improve access to medicines, using fully the flexibilities allowed by the WTO’s TRIPS Agreement. It includes documents of the WHO written by Professor Carlos Correa and published between 1997 and 2009. As consultant to WHO, Professor Correa helped to initiate and formulate WHO policy perspectives and to provide advice to Member States on intellectual property issues relating to the production, distribution and use of medicines. The content of this book illustrates the pioneer role that WHO played in identifying the public health implications of the binding rules introduced by the TRIPS Agreement.

Author: Carlos M. Correa is Special Advisor on Intellectual Property and Trade of the South Centre.

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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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