South East Asia

Research Paper 152, 21 April 2022

An Examination of Selected Public Health Exceptions in Asian Patent Laws 

By Kiyoshi Adachi  

This study examines the variations within Asia of two exceptions to patent rights that are commonly justified under Article 30 of the World Trade Organization (WTO) Agreement on Trade-related Aspects of Intellectual Property Rights (the TRIPS Agreement), namely the research and experimentation exception and the regulatory review (or “Bolar”) exception. Both these exceptions are important in the context of the 2001 Doha Declaration on the TRIPS Agreement and Public Health insofar as they are designed to provide flexibility to protect public health and support countries’ overall scientific and technological aspirations. The study examines, from a comparative perspective, examples of these respective exceptions in patent legislation in South, Southeast and East Asia, and identifies peculiarities in the variations among countries in these sub-regions.

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SouthViews No. 138, 2 December 2016

On World AIDS Day, threat to access to medicines looms large

By Shailly Gupta

Today millions of people living with HIV in South-East Asia are receiving treatment and leading healthy lives thanks to affordable generic antiretroviral (ARVs) medicines. Governments and treatment providers across Asia, such as the government of Indonesia and Médecins Sans Frontières (MSF), patients across our missions in many countries, depend on an uninterrupted supply of affordable generic HIV medicines to reduce new HIV infections and AIDS-related deaths in the region. But as the trade negotiators from 16 countries gather in Indonesia next week to deliberate the terms of a trade agreement — the Regional Comprehensive Economic Partnership agreement (RCEP), access to low-cost generic medicines is under grave threat. (more…)

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