Lack of Progress at the Twenty-Second Session of the WIPO SCP for a Balanced and Development-Oriented Work Programme on Patent Law Related Issues
The twenty-second session of the WIPO Standing Committee on the Law of Patents (SCP) was held in Geneva from 27 to 31 July 2015. About seven years since the Standing Committee on the Law of Patents (SCP) of the World Intellectual Property Organization (WIPO) had reconvened in June 2008 with a focus on developing a balanced work programme on issues relating to the law of patents that would also address development and public policy issues that arise in the context of the patent system, the SCP has been unable to agree on a work programme on any issue related to patents and development. (more…)
Financing for Development Conference 2015: A View from the South
On 19 July 2014 the Open Working Group on Sustainable Development Goals (SDGs) of the United Nations agreed on a draft of a set of 17 Sustainable Development Goals, taking the first steps toward a renewed development agenda for after 2015. The effort to agree on the SDGs was the follow up to the Millennium Development Goals (MDGs), whose end-date is 2015. Aside from the 17 specific goals, the draft SDGs included 169 associated targets. (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?
Climate Change, Technology and Intellectual Property Rights: Context and Recent Negotiations
I. Technology Transfer, Sustainable Development and Climate Change
In order to meet their objectives for mitigation and adaptation in climate change, and move more towards a sustainable development pathway, developing countries need access to environmentally-sound technology at affordable prices. (more…)
South Centre Statement at the Fifty-Fourth Series of Meetings of the Assemblies of the Member States of WIPO
The following statement was presented by Nirmalya Syam on behalf of the South Centre at the Fifty-Fourth Series of Meetings of the Assemblies of the Member States of WIPO held on 22-30 September 2014 at Geneva, Switzerland. (more…)
The Information Technology Agreement (ITA); Considerations from a Development Perspective
This note discusses the contents of the Information Technology Agreement (ITA), including the scheduling approach under the ITA, the experiences of ITA members thus far, and the propositions for expansion of the ITA product coverage. (more…)
This overview outlines in summary form the main results of the negotiations during the 18th Conference of the Parties (COP18) and the 8th COP Meeting of the Parties to the Kyoto Protocol (CMP8) that took place in Doha, Qatar, from 27 November to 8 December 2012.
Statement at the UN Framework Climate Change Convention (UNFCCC) Ad-hoc working group on long-term cooperation (AWG-LCA), Workshop on Equity, Bonn
In the quest for an international climate agreement on actions to address the climate change crisis, three aspects have to be the basis simultaneously: the environmental imperative, the developmental imperative, and the equity imperative. This EDE formula requires that the different pieces of the climate negotiations be seen and addressed as a whole, in a holistic way. (more…)
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…)
Mechanisms for International Cooperation in Research and Development: Lessons for the Context of Climate Change.
This Research Paper examines possible modalities of collaboration for research and development (R&D), understood as comprehensive of scientific studies and of activities for the generation of new processes and products and the improvement of existing ones . It briefly discusses, first, the various sources of technology for adaptation to and mitigation of climate change. (more…)