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.
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.
Guidelines on Patentability and Access to Medicines
The important relationship between the examination of patents carried out by national patent offices and the right of citizens to access to medicines hasn’t always been well-understood. Too often these are viewed as to unrelated functions or responsibilities of the State . And the reason is clear: Patentability requirements are not defined by patent offices, but frequently by the courts, tribunals, legislation or treaty negotiators. (more…)
South Centre Calls on the WTO TRIPS Council to Support Access to Medicines and Technological Advancement for the Least Developed Countries
The South Centre fully supports the Least Developed Countries’ (LDC) request for an extension of the transition period granted to LDCs under Article 66.1 of the World Trade Organization’s Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) in respect of pharmaceutical products for as long as a WTO member remains an LDC, and the waiver from obligations under Articles 70.8 and 70.9 of the TRIPS Agreement. (more…)
The WIPO Negotiations on IP, Genetic Resources and Traditional Knowledge: Can It Deliver?
There has been much expectation on what the Intellectual Property Organization (WIPO) can deliver on intellectual property aspects of the protection of genetic resources (GRs), traditional knowledge (TK) and related traditional cultural expressions (TCEs). Results from fourteen years of extensive study, analysis and discussion have been distilled into three negotiating texts. But in July 2014, negotiations suffered a reversal. (more…)
Intellectual Property in the Trans-Pacific Partnership: Increasing the Barriers for the Access to Affordable Medicines
Most free trade agreements signed by the United States, the European Union and the members of the European Free Trade Association (EFTA) in the last 15 years contain chapters on intellectual property rights with provisions applicable to pharmaceuticals. Such provisions considerably expand the rights recognized to pharmaceutical companies under the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) established in the context of the World Trade Organization. (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.
India’s Experience with BITs: Highlights from Recent ISDS Cases
This brief argues that there is a case for a review of India’s bilateral investment treaties (BITs). The author recommends that the review should cover, inter alia, issues of more favourable treatment of foreigners compared to locals, and limitations on policy space of the government to address public interest concerns, in particular, those in the areas of public health and environment. (more…)
Guidelines on Patentability and Access to Medicines
Until recently, the link between the examination of patents carried out by national patent offices and the right of citizens to access to medicines was not at all clear. They were two functions or responsibilities of the State that apparently had nothing to do with each other. Examining the growing literature on intellectual property and access to medicines, it seems that the analysis of one actor has been left out: the patent offices. (more…)