The South Centre Monthly, March 2019
This update provides a snapshot of the publications and social media activities of the South Centre during the month of March 2019.
Patent
SC and Oxfam Novib Research Report on The Status of Patenting Plants in the Global South, December 2018
The Status of Patenting Plants in the Global South
Over the last few decades, the number of patents on plants and plant parts has greatly increased in various parts of the world. This has triggered social debate about possible negative consequences for the breeding sector, farmers and society. Despite the urgency of these questions, most research and literature has focused exclusively on developed countries – the USA and European Union, in particular – while little is known about the extent to which plants are being patented in other parts of the world. This research report, conducted and written by Prof. Carlos M. Correa, aims to fill this information gap by providing an overview of the status of patenting plants in the developing countries and emerging economies of the Global South.
Policy Brief 57, January 2019
Will the Amendment to the TRIPS Agreement Enhance Access to Medicines?
By Dr. Carlos M. Correa
An amendment to the TRIPS Agreement by incorporation of the text of the decision of the WTO General Council on 30 August 2003 (as article 31bis) has been made in response to the problem identified in paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health. This paragraph sought a solution to situations where patented pharmaceuticals which are not available in a country with no or insufficient manufacturing capacity can be supplied by a foreign provider. As originally adopted, the TRIPS Agreement did not allow the grant of compulsory licenses for exports only, thereby preventing generic manufacturers from exporting the required products to countries unable to produce them. While the new article 31bis is a step forward as it reflects public health concerns, it would be necessary to streamline the procedures to effectively ensure broader access to pharmaceutical products at low cost and in a timely manner.
The South Centre Monthly, December 2018
This update provides a snapshot of the publications and social media activities of the South Centre during the month of December 2018.
Research Paper 90, December 2018
Compulsory Licensing Jurisprudence in South Africa: Do We Have Our Priorities Right?
By Yousuf A Vawda
Compulsory licences are generally available on a variety of grounds, most notably on patents where the patentee is found to have abused its rights in one manner or another. This research paper attempts to review South African case law on applications for compulsory licences since the inception of the current legislation, analyse the interpretations placed on the relevant sections, and draw conclusions about judicial reasoning, impediments to the grant of such licences, and generally the courts’ approach to disputes relating to patents.
The South Centre Monthly, August 2018
This update provides a snapshot of the publications and social media activities of the South Centre during the month of August 2018.
Policy Brief 50, August 2018
The International Debate on Generic Medicines of Biological Origin
By Dr. Germán Velásquez
The debate on generic medicines is not new. What makes it different today is that attacks levelled against biological generic products are couched in even more “technical” and abstruse language. The high price of biological drugs stems mainly from the introduction of barriers to the entry of generics into the market. In any debate on the feasibility of producing biological generic products identical to the ‘original’ ones, it should be made clear that what are at stake are not identical products but therapeutic equivalents.
IP Negotiations Monitor 23, January 2018
The IP Negotiations Monitor summarizes the latest developments in multilateral and regional fora where intellectual property negotiations are taking place, and informs on upcoming meetings and events.
(Covering period: July – December 2017)
DIIP Monthly Update – December 2017
This update provides a snapshot of the activities of the Development, Innovation and Intellectual Property Programme during the month of December 2017.
Statement, December 2017
South Centre Statement at the 27th Session of the World Intellectual Property Organization (WIPO) Standing Committee on the Law of Patents
As this year’s work in the WIPO substantive committees will end with the conclusion of the 27th session of the Standing Committee on the Law of Patents (SCP), we are reminded that next year will mark the tenth anniversary since the SCP had reconvened in 2008 with a focus on developing a balanced work programme on issues relating to the law of patents to also address development and public policy questions that arise in the context of the patent system. The work of the SCP, in this sense, is integral to advancing the WIPO Development Agenda.
DIIP Monthly Update – July 2017
This update provides a snapshot of the activities of the Development, Innovation and Intellectual Property Programme during the month of July 2017.
Research Paper 62R, July 2017
Intellectual Property in the Trans-Pacific Partnership: Increasing the Barriers for the Access to Affordable Medicines (revised)
Most free trade agreements (FTAs) signed by the United States, the European Union and the members of the European Free Trade Association (EFTA) in the last 15 years contain chapters on intellectual property rights with provisions applicable to pharmaceuticals. Such provisions considerably expand the rights recognized to pharmaceutical companies under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) established in the context of the World Trade Organization (WTO). (more…)