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.
The WHO “Red Book” on Access to Medicines and Intellectual Property – 20 Years Later
About the book: The publication in 1998 by the WHO’s Essential Drugs Department of the document “Globalization and Access to Drugs: Implications of the WTO/TRIPS Agreement” marked a point in time in the movement to ensure access to essential medicines for all. The publication, often referred to as ‘the WHO red book’, marked the beginning of an international policy process to address the issue of innovation and access to essential medicines. It triggered a series of reactions from the pharmaceutical industry, the US Government and the WTO, reproaching WHO for stepping out of its role. In light of these attacks, the then Director General of WHO decided to send the document to be revised by three independent academics specializing in intellectual property. The letters and documents criticizing the WHO publication as well as the review by the three international experts are reproduced in this book.
Some Critical Issues Related to Access to Medicines and Intellectual Property
About the book: The international debate and negotiations over access to medicines in the last ten years have been one of the most important moments in the recent history of public health. This debate is taking place in UN specialized agencies like WHO, UNDP, UNCTAD, UNAIDS, WIPO, WTO, the Commission of Human Rights, NGOs working on health, philanthropic foundations, and the pharmaceutical industry. This book is a collection of papers by the South Centre between 2011 and 2014 on the deliberations and negotiations in the World Health Organization (WHO) on access to medicines and their relationship with other actors dealing with international trade and intellectual property regimes.
Author: Germán Velásquez is the Special Adviser for Health and Development at the South Centre, Geneva, Switzerland
South Centre Statement to the Open-Ended Meeting of WHO Member States: Follow-up of the report of the Consultative Expert Working Group on Research and Development: Financing and Coordination (CEWG)
At the open-ended meeting of WHO Member States on the follow-up of the report of the CEWG, the South Centre called for concrete discussions to start negotiations on a binding legal instrument on R&D financing and coordination. (more…)
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…)
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…)
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…)
Innovative Financing Mechanisms: Potential Sources of Financing the WHO Tobacco Convention
Introduction and Objectives
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…)
Public-private Partnerships in Global Health: Putting Business before Health?
Public and private sector interaction in health has always existed at the national level; in the United Nations (UN) system, public-private partnerships (PPPs) started at the end of the 1990s with the reform of the UN system launched by Kofi Annan. (more…)
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…)
A resolution by the World Health Assembly: Will there finally be a cure for diseases that affect the poor?
By Carlos Correa
On 26 May 2012 the World Health Assembly adopted a resolution that could mark the first step toward a change in the current pharmaceutical research model. The members of the World Health Organization (WHO) decided to undertake an in-depth examination, at the governmental level, of a report produced in April 2012 by an international group of experts that recommended the adoption of a binding convention on research and development (R&D) that, if approved and implemented, could generate the medicines needed, particularly in developing countries, to address communicable and non-communicable diseases.
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.
About the book: The publication in 1998 by the WHO’s Essential Drugs Department of the document “Globalization and Access to Drugs: Implications of the WTO/TRIPS Agreement” marked a point in time in the movement to ensure access to essential medicines for all. The publication, often referred to as ‘the WHO red book’, marked the beginning of an international policy process to address the issue of innovation and access to essential medicines. It triggered a series of reactions from the pharmaceutical industry, the US Government and the WTO, reproaching WHO for stepping out of its role. In light of these attacks, the then Director General of WHO decided to send the document to be revised by three independent academics specializing in intellectual property. The letters and documents criticizing the WHO publication as well as the review by the three international experts are reproduced in this book.