Patent Examination and Legal Fictions: How Rights are Created on Feet of Clay
Patents are often presented as an absolute property, comparable to property over land. This simplification overlooks that patent rights are conferred without a solid determination of the factual conditions required for such rights to arise out. The examination process of patent applications faces substantial limitations, even in the case of large patent offices, to determine whether a claimed invention actually meets the patentability standards, however defined. (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?
Innovative Financing Mechanisms: Potential Sources of Financing the WHO Tobacco Convention
Introduction and Objectives
This research paper is produced as part of a research being conducted by the South Centre on expanding fiscal policies for global and national tobacco control. The objective of this research is to identify innovative solutions to fill the funding gaps in the implementation of the WHO Framework Convention on Tobacco Control (FCTC). (more…)
50 years of Development Planning in Africa: Retrospect and Prospects
By Carlos Lopes
A new era of development planning is emerging in Africa, says the new head of the UN Economic Commission for Africa, in this wide-ranging review. He gave this opening speech at the 50th anniversary conference of the African Institute for Economic Development and Planning (IDEP).
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.
Rethinking Regulation in Light of the Financial Crisis
By Yaga Venugopal Reddy
There is a recognition that policies relating to regulation of the financial sector must optimise the benefits of the financial sector while minimising the costs or risks associated with it. There are several dimensions to striking this balance, which this august audience is well aware of and involved with. I selected three themes for consideration today: the optimal level of financialisation, appropriate innovation in the financial sector, and the effectiveness of financial sector regulation.
South facing unfavourable global conditions; rethinking growth strategies is imperative
By Yilmaz Akyüz
The high-growth performance of many developing countries in 2003 to 2008 and then their quick recovery from the 2008-9 global financial crisis was largely due to favourable external conditions, including the policies in developed countries. (This was analysed in the previous issue of South Bulletin). However, these conditions do not exist today and in fact the global conditions have turned unfavourable. Hence developing countries are now facing serious vulnerabilities and risks to their economic situation, with each category of countries facing their own specific problems. Developing countries have to consider changing their growth and development strategies, in light of the changing global situation.
The theory that developing countries have de-coupled from growth in advanced economies and can continue with high growth even during the global slowdown is not based on proper examination of facts. A South Centre paper challenges the concept of the inexorable rise of the South. This is a summary of the arguments.
Rethinking Global Health: A Binding Convention for R&D for Pharmaceutical Products.
This Research Paper is a contribution to the debate and reform process of the WHO to enable it to respond to the health and health policy challenges of the twenty-first century. More specifically, this paper addresses the issue of the pharmaceutical innovation system within the perspective of access to medicines, exploring possible structural changes in the current system. (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…)
The Right to Health and Medicines: The Case of Recent Negotiations on the Global Strategy on Public Health, Innovation and Intellectual Property.
The purpose of this research paper is to describe, above all, a negotiating process which many have described as historical. More than an analysis on the subject of public health and intellectual property, this is an analysis of a negotiating process which could change the course and the nature of an organization such as the WHO. (more…)
Accelerating climate-relevant technology innovation and transfer to developing countries: using TRIPs flexibilities under the UNFCCC.
This Analytical Note examines flexibilities in the Agreement on Trade-Related Intellectual Property Rights (TRIPS) of the World Trade Organization (WTO) and possible technology transfer approaches under the UN Framework Convention on Climate Change (UNFCCC) (more…)
