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
I. Technology Transfer, Sustainable Development and Climate Change
In order to meet their objectives for mitigation and adaptation in climate change, and move more towards a sustainable development pathway, developing countries need access to environmentally-sound technology at affordable prices. (more…)
Patent Protection for Plants: Legal Options for Developing Countries
The paper examines, first, the exclusion of patent protection for plants, including plant varieties, biological materials, and essentially biological processes for the production of plants. The legal implications of the right – recognized under the TRIPS Agreement – to exclude plants from patent protection are briefly discussed, as well as how the exclusion allowed by article 27.3(b) of said Agreement has been implemented at the national level and, particularly, whether it can be extended to parts and components of plants. (more…)
South Centre Statement on Coming into Force of Nagoya Protocol
The following is a Statement by the South Centre on the coming into force of the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization. (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…)
South Centre Statement at the Fifty-Fourth Series of Meetings of the Assemblies of the Member States of WIPO
The following statement was presented by Nirmalya Syam on behalf of the South Centre at the Fifty-Fourth Series of Meetings of the Assemblies of the Member States of WIPO held on 22-30 September 2014 at Geneva, Switzerland. (more…)
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.
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…)
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.
