South Centre Statement to the 26th Session of the WIPO Standing Committee on the Law of Patents (SCP)
The 26th session of the WIPO Standing Committee on the Law of Patents (SCP) is meeting this week at the WIPO headquarters in Geneva. The South Centre is participating in the current session of the SCP as an observer. The following statement was delivered by the South Centre on the first day of the current session of the SCP.
“Viral hepatitis is an international public health challenge, comparable to other major communicable diseases, including HIV, tuberculosis and malaria. Despite the significant burden it places on communities across all global regions, hepatitis has been largely ignored as a health and development priority until recently”. – WHO, Global Health Sector strategy on viral Hepatitis 2016-2021: Towards ending viral hepatitis
The concept of Farmers’ Rights recognized the role of farmers as custodians of biodiversity and helped to draw attention to the need to preserve practices that are essential for sustainable agriculture. This paper examines one particular aspect of such rights, perhaps the most controversial. It deals with the component of farmers’ rights referring to the use, exchange and sale of farm-saved seeds. Although that concept was initially introduced in 1989 with the aim of balancing the rights of farmers as breeders and of commercial plant breeders, a specific reference to the rights relating to seeds was only introduced upon the conclusion of the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA) in 2001.
Highlights of the WHO Executive Board: 140th Session
The World Health Assembly (WHA), the highest body of the World Health Organization, will be meeting from 22-31 May 2017.
Earlier in January, the Executive Board of the WHO met and discussed on various strategic issues that will be carried forward to the WHA.
In this light, the South Centre has prepared a timely summary report in the form of a policy brief of the discussions that took place at the EB, to assist delegates and other stakeholders in their preparation for the discussions in the WHA.
The Need to Avoid “TRIPS-Plus” Patent Clauses in Trade Agreements
A recent article in a prestigious journal reminds us of how the intellectual property chapter of free trade agreements can prevent the sick from getting treatment. This article also critiques the TPP clauses and warns that they should not be translated to national laws or copied into other FTAs being negotiated. (more…)
This paper discusses the current negotiation issues in the context of the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) and the position the African Group has taken in these negotiations. (more…)
Mitigating the Regulatory Constraints Imposed by Intellectual Property Rules under Free Trade Agreements
IP provisions in FTAs may have implications on a wide range of public policy areas. A vast academic literature has addressed the “flexibilities” available under the TRIPS Agreement and the negative impact of FTAs in relation to access to medicines. (more…)
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.