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…)
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…)
Regional Pooled Procurement of Medicines in the East African Community
This paper explores the current discussions in the East African Community (EAC) with regard to the establishment of a regional pooled procurement mechanism for essential medicines. (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.
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…)
The Least Developed Countries (LDCs) have submitted a “duly motivated” request to the WTO TRIPS Council for an extension of the transition period for them to comply with the TRIPS Agreement “for as long as the WTO Member remains a least developed country”.
A proposed draft decision annexed to their request states that: “Least developed country Members shall not be required to apply the provisions of the Agreement, other than Articles 3, 4 and 5, until they cease to be a least developed country Member.”
The Least Developed Countries (LDCs) have submitted a “duly motivated” request to the WTO TRIPS Council for an extension of the transition period for them to comply with the TRIPS Agreement “for as long as the WTO Member remains a least developed country”.
A proposed draft decision annexed to their request states that: “Least developed country Members shall not be required to apply the provisions of the Agreement, other than Articles 3, 4 and 5, until they cease to be a least developed country Member.”
The twists and turns of the Doha talks and the WTO
By Martin Khor
Welcome to this session on Doha and the Multilateral Trading System – From Impasse to development? which the South Centre is pleased to co-organise.
This session aims to look at what the future holds for the WTO, in particular in relation to the development dimension, and the interests of the developing countries.
After the Uruguay Round, the developing countries went into a mood of reflection because many of them were not active in the negotiations and did not fully understand what they had signed on to or the implications. So for a number of years after 1995, for the developing countries, their priority in the WTO was to understand the obligations they had entered into and the problems of implementation, particularly in new issues such as TRIPS, Services, TRIMS which they had been obliged to take on as new obligations, in exchange for the re-entering of agriculture and textiles into the GATT system. And to get the WTO to review and possibly reform its rules.
Climate Change, Technology And Intellectual Property Rights: Context And Recent Negotiations.
This Research Paper discusses on contexts and recent negotiations in Technology Transfer, Sustainable Development and Climate Change. In terms of proprietary rights, the author categories technologies and related products into three domains: the Public Technologies; Patented Technologies and Future Technologies. (more…)
