Tackling the Proliferation of Patents: How to Avoid Undue Limitations to Competition and the Public Domain
The steady increase in patent applications and grants that is taking place in developed and some developing countries (notably in China) is sometimes hailed as evidence of the strength of global innovation and of the role of the patent system in encouraging it. However, such an increase does not correspond to a genuine augmentation in innovation. (more…)
Investment Agreements: A New Threat to Health and TRIPS Flexibilities?
By Carlos M. Correa
The bilateral investment treaties (BITs) may be a threat to access to medicines as shown by a recent legal suit by a drug multinational against Canada for invalidating a patent.
The man who saved millions with cheap medicines
By Martin Khor
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.
Reflections on the IP System: A Development Perspective
By Carlos M. Correa
The South Centre held a side event during the 50th WIPO General Assemblies on the theme of “Reflections on the IP System: A Development Perspective” on 5 October 2012 at the WIPO headquarters in Geneva. Professor Carlos Correa, Special Advisor on Trade and Intellectual Property of the Centre, was the speaker of the event. Below is a summary of his presentation.
Access to Medicines and Intellectual Property: The contribution of the World Health Organization
The topic of intellectual property first appeared in the WHO in 1996 and coincided with the end of the Uruguay Round and the creation of the World Trade Organization. In 1995 the Charles III University of Madrid with the WHO Drugs Action Programme (DAP) organized a conference where Professor Carlos Correa presented a paper entitled “The Uruguay Round and Drugs”. (more…)
The Use of Compulsory Licenses in Latin America
By Carlos M. Correa
This article examines the situation in Latin American countries with respect to their laws and policies relating to compulsory licenses—and how Brazil and Ecuador have made use of such compulsory licenses for drugs.
Asian countries act to get cheap drugs
By Martin Khor
Staring with Malaysia in 2003, many Asian countries are now taking actions to promote cheaper medicines through compulsory licensing, with Indonesia being the latest case.
(more…)
India to increase supply of free generic medicines: some key issues
By Nirmalya Syam
Recent reports indicate that the Indian government plans to increase manifold its spending on procurement of generic medicines for supply free to patients. This is welcome news. However, it is important to ensure future supply of generic medicines by addressing the present problems facing the Indian drug industry.
Beyond ‘Patent Quality’: Basic Concepts of the Patent System Need To Be Reviewed
By Carlos M. Correa
A proposal has been made to initiate a debate on ‘patent quality’ at the World Intellectual Property Organization (WIPO). The expression ‘patent quality’ ambiguously alludes to a growing problem, faced in both developed and developing countries alike: the overwhelming majority of patents are applied for and granted over incremental developments on existing technologies. Although the patent system is supposed to reward inventiveness, in many cases patents cover minor improvements or trivial ideas.
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…)
Rethinking The R&D Model for Pharmaceutical Products: A Binding Global Convention.
The current incentive-based model of pharmaceutical R&D has failed to make needed medicines available to a large number of people, especially those living in developing countries. This Policy Brief recognizes the urgent need of shifting from the incentive-based model of R&D to a model that effectively promotes not only innovation but more importantly access to medicines, particularly for diseases that disproportionately affect developing countries. (more…)
Mechanisms for International Cooperation in Research and Development: Lessons for the Context of Climate Change.
This Research Paper examines possible modalities of collaboration for research and development (R&D), understood as comprehensive of scientific studies and of activities for the generation of new processes and products and the improvement of existing ones . It briefly discusses, first, the various sources of technology for adaptation to and mitigation of climate change. (more…)
