South Centre Statement on the Amendment to the WTO TRIPS Agreement to Ease Access to Affordable Medicine
An amendment to the TRIPS Agreement that aims to facilitate the access to affordable medicines has entered into force upon approval by two thirds of the WTO members. The amendment reflects the recognition by WTO Members of the need for the continued enhancement of global intellectual property rules to allow Members to systematically take measures to protect public health.
The WTO has a 1998 Work Programme on E-commerce. This Work Programme provides for the discussion of trade-related issues relating to electronic commerce to take place in the relevant WTO bodies: the Council for Trade in Services; the Council for Trade in Goods; the Council for TRIPS; and the Committee for Trade and Development. The General Council was envisaged to play a review or oversight role. (more…)
Is the Right to Use Trademarks Mandated by the TRIPS Agreement?
Accepting the notion that a positive right to use a trademark is implicitly recognized by the TRIPS Agreement would have systemic implications in the context of WTO. (more…)
South Centre Statement to the 18th session of WIPO Committee on Development and Intellectual Property
The following is the statement delivered on 31 October 2016 by the South Centre to the World Intellectual Property Organization’s (WIPO) Committee on Development and Intellectual Property (CDIP) at its eighteenth session. The Centre highlights the importance of the WIPO Development Agenda.
South Centre Statement to the WIPO Assemblies 2016
The statement highlights that the greatest challenge for developing countries and LDCs in the area of intellectual property (IP) is the proliferation of regional and bilateral trade and investment agreements that impose IP obligations, together with the coercive external political and economic pressure to restrain from making use of the flexibilities in the IP system.
Innovation and the Global Expansion of Intellectual Property Rights: Unfulfilled Promises
The incorporation of intellectual property into trade agreements has not proven to bring about the promised benefits. The premises that have underpinned the global strengthening and expansion of intellectual property through such agreements – namely that the same standards of protection are suitable for countries with different levels of development and that innovation will be boosted – do not match the reality. (more…)
Public Health Perspective on Intellectual Property and Access to Medicines, A compilation of studies prepared for WHO
About the book: The purpose of this book is to facilitate the elaboration of national health policies and strategies to improve access to medicines, using fully the flexibilities allowed by the WTO’s TRIPS Agreement. It includes documents of the WHO written by Professor Carlos Correa and published between 1997 and 2009. As consultant to WHO, Professor Correa helped to initiate and formulate WHO policy perspectives and to provide advice to Member States on intellectual property issues relating to the production, distribution and use of medicines. The content of this book illustrates the pioneer role that WHO played in identifying the public health implications of the binding rules introduced by the TRIPS Agreement.
Author: Carlos M. Correa is Special Advisor on Intellectual Property and Trade of the South Centre.
Implementing Pro-Competitive Criteria for the Examination of Pharmaceutical Patents
This document discusses criteria for implementing the patentability requirements in relation to patent applications covering products and processes, as well as the use of pharmaceutical products. The adoption of rigorous criteria with this purpose is important for four main reasons. (more…)
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.
About the book: The purpose of this book is to facilitate the elaboration of national health policies and strategies to improve access to medicines, using fully the flexibilities allowed by the WTO’s TRIPS Agreement. It includes documents of the WHO written by Professor Carlos Correa and published between 1997 and 2009. As consultant to WHO, Professor Correa helped to initiate and formulate WHO policy perspectives and to provide advice to Member States on intellectual property issues relating to the production, distribution and use of medicines. The content of this book illustrates the pioneer role that WHO played in identifying the public health implications of the binding rules introduced by the TRIPS Agreement.