About The Book: This book examines in detail the purpose and characteristics of the patentability standards and analyses typical claims in pharmaceutical patents. It provides recommendations on ways of implementing such standards in a manner that avoids the grant of patent right on developments which are genuine innovations or which are not properly described.
Editor: Carlos M. Correa is Special Adviser on Trade and Intellectual Property at the South Centre, Geneva.
South Centre Statement to the Open-Ended Meeting of WHO Member States: Follow-up of the report of the Consultative Expert Working Group on Research and Development: Financing and Coordination (CEWG)
At the open-ended meeting of WHO Member States on the follow-up of the report of the CEWG, the South Centre called for concrete discussions to start negotiations on a binding legal instrument on R&D financing and coordination. (more…)
The Bolar Exception: Legislative Models and Drafting Options
The basic principle of patent law is that once the term of a patent has expired, the protected subject matter becomes a part of the public domain. Hence, it can be freely used, including for commercial purposes, without the interference by the former patent owner. This allows competitors to enter the market immediately after such expiry, eventually leading to lower prices for consumers and welfare gains. (more…)
Lack of Progress at the Twenty-Second Session of the WIPO SCP for a Balanced and Development-Oriented Work Programme on Patent Law Related Issues
The twenty-second session of the WIPO Standing Committee on the Law of Patents (SCP) was held in Geneva from 27 to 31 July 2015. About seven years since the Standing Committee on the Law of Patents (SCP) of the World Intellectual Property Organization (WIPO) had reconvened in June 2008 with a focus on developing a balanced work programme on issues relating to the law of patents that would also address development and public policy issues that arise in the context of the patent system, the SCP has been unable to agree on a work programme on any issue related to patents and development. (more…)
Guidelines on Patentability and Access to Medicines
Until recently, the link between the examination of patents carried out by national patent offices and the right of citizens to access to medicines was not at all clear. They were two functions or responsibilities of the State that apparently had nothing to do with each other. Examining the growing literature on intellectual property and access to medicines, it seems that the analysis of one actor has been left out: the patent offices. (more…)
Speaking notes by Martin Khor, Executive Director of the South Centre, for the Social Forum of the United Nations Human Rights Council, 18 February 2015
The following is a statement presented by Martin Khor, Executive Director of the South Centre, during the 2015 Social Forum of the United Nations Human Rights Council which took place from 18 to 20 February 2015 in Palais des Nations, Geneva, Switzerland. (more…)
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?
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…)
South Centre Views on US Review of Indian IPR Policy
Below is the official submission of the South Centre sent to the US Trade Representative regarding the Super 301 out of cycle review that the USTR is undertaking with regard to the IPR policy and practice of India. In this submission the South Centre has expressed concern about the pressures that the US is exerting on India to change its IPR policy and laws. (more…)
Public-private Partnerships in Global Health: Putting Business before Health?
Public and private sector interaction in health has always existed at the national level; in the United Nations (UN) system, public-private partnerships (PPPs) started at the end of the 1990s with the reform of the UN system launched by Kofi Annan. (more…)
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.
Hacer efectivo el mecanismo financiero de la CMNUCC.
Las Partes en la Convención Marco de las Naciones Unidas sobre el Cambio Climático (CMNUCC) han reconocido la necesidad de “mejorar urgentemente la aplicación de la Convención para lograr su objetivo fundamental de plena conformidad con sus principios y compromisos” (Preámbulo del Plan de Acción de Bali). (more…)
