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: October 2014 – December 2014) (more…)
Transition Period for TRIPS Implementation for LDCs: Implications for Local Production of Medicines in the East African Community
Article 66.1 of the WTO TRIPS Agreement grants the least developed countries (LDCs) a transition period during which they do not have to provide intellectual property rights protection according to the minimum requirements of the TRIPS Agreement. This transition period has been granted to LDCs to ensure that LDCs are not constrained by the existence of IP rights from taking suitable measures to develop a sound and viable technological base in different industrial sectors. (more…)
Patent Examination and Legal Fictions: How Rights are Created on Feet of Clay
Patents are often presented as an absolute property, comparable to property over land. This simplification overlooks that patent rights are conferred without a solid determination of the factual conditions required for such rights to arise out. The examination process of patent applications faces substantial limitations, even in the case of large patent offices, to determine whether a claimed invention actually meets the patentability standards, however defined. (more…)
Transition Period for Providing Patent Protection for Pharmaceutical Products by LDCs: The Need for Extension
How can Least Developed Countries (LDCs) make effective use of the transition period for the purposes stated in Article 66.1 of the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS), and in particular to promote access to affordable medicines and promote local manufacturing of generic medicines? Should LDCs seek a further extension of the transition period for pharmaceutical products beyond 1 January 2016?
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…)
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 2014 – September 2014) (more…)
Innovative Financing Mechanisms: Potential Sources of Financing the WHO Tobacco Convention
This research paper is produced as part of a research being conducted by the South Centre on expanding fiscal policies for global and national tobacco control. The objective of this research is to identify innovative solutions to fill the funding gaps in the implementation of the WHO Framework Convention on Tobacco Control (FCTC). (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…)
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: February 2014 – June 2014) (more…)
