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Displaying results 1 to 5 of 5.

  1. Analysis of COVID-related patents for antibodies and vaccines
    Author: Santhanam, Kausalya
    Published: [2023]
    Publisher:  South Centre, Geneva, Switzerland

    This paper provides an analysis of patents covering selected antibodies and vaccines used in the treatment or prevention of COVID-19. The aim of the report is to support national patent offices and interested parties in developing countries with... more

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    ZBW - Leibniz-Informationszentrum Wirtschaft, Standort Kiel
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    This paper provides an analysis of patents covering selected antibodies and vaccines used in the treatment or prevention of COVID-19. The aim of the report is to support national patent offices and interested parties in developing countries with information that can serve as guidance for the examination of the claims contained in relevant patents or patent applications. The antibody combination considered for the patent analysis in this paper are Casirivimab and Imdevimab. The vaccines considered for the patent analysis are mRNA-1273, Sputnik, ChAdOx1 nCoV-19 vaccine (AZD1222). The analysis was completed in May 2022.

     
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    Source: Union catalogues
    Language: English
    Media type: Book
    Format: Online
    Other identifier:
    hdl: 10419/278404
    Series: Research paper / South Centre ; 173 (7 February 2023)
    Subjects: Access to Medicines; Antibodies; COVID-19; Global Health; Health; Intellectual Property; Pandemic; Patent; Patent Examination; Patent Law; Patent Offices; Patent Policy; Patent Protection; Public Health; Vaccines
    Scope: 1 Online-Ressource (circa 30 Seiten)
  2. Neglected dimension of the inventive step as applied to pharmaceutical and biotechnological products
    the case of Sri Lanka's patent law
    Author: Fernando, Ruwan
    Published: [2023]
    Publisher:  South Centre, Geneva, Switzerland

    Apart from the basic statutory definition in section 65 of the Intellectual Property Act of Sri Lanka, there do not appear to be any detailed statutory guidelines or judicial decisions to provide any framework for the assessment of inventive step in... more

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    DS 751
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    Apart from the basic statutory definition in section 65 of the Intellectual Property Act of Sri Lanka, there do not appear to be any detailed statutory guidelines or judicial decisions to provide any framework for the assessment of inventive step in Sri Lanka. The current statutory definition is highly insufficient to evaluate the standard of obviousness in relation to biotechnological and pharmaceutical claims based on a combination or modification of a prior art reference. The Courts in both developed and developing countries have adopted a variety of tests to evaluate the obviousness standard of a claimed invention based on a combination or modification of a prior art reference. Sri Lanka, as a developing country, should look at the development that has taken place in other jurisdictions and adapt the patent law to local conditions when developing tests or guidelines in a manner that is compatible with the World Trade Organization's Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and its biotechnology/pharmaceutical policy guidelines. This approach that is appropriate to Sri Lanka is twofold. First, it is most likely to prevent the issuance of patents on trivial or incremental inventions that do not provide any technical advance to the existing prior art and are a mere extension of what is already known in the prior art. Second, it is most likely to protect genuine technical advances to the existing prior art while at the same time enhancing competition and promoting local innovations so that the local researchers will be able to draw on the existing knowledge for the purpose of follow-on innovations.

     
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    Source: Union catalogues
    Language: English
    Media type: Book
    Format: Online
    Other identifier:
    hdl: 10419/278606
    Series: Research paper / South Centre ; 180 (9 August 2023)
    Subjects: Access to Medicines; Biotechnology; Health; Innovation; Intellectual Property; Inventive Step; Patent; Patent Law; Pharmaceuticals; Sri Lanka; TRIPS; TRIPS Agreement
    Scope: 1 Online-Ressource (circa 60 Seiten)
  3. Twenty years after Doha
    an analysis of the use of the TRIPS Agreement's public health flexibilities in India
    Author: Abbas, Muhammad Zaheer
    Published: [2022]
    Publisher:  South Centre, Geneva, Switzerland

    The World Trade Organization (WTO) linked intellectual property protection with trade. The WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), however, included a number of public health flexibilities in order to... more

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    DS 751
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    The World Trade Organization (WTO) linked intellectual property protection with trade. The WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), however, included a number of public health flexibilities in order to provide latitude to the Member States to tailor their national patent laws to fit their individual needs. In 2001, the Doha Declaration further clarified and reaffirmed the existing TRIPS flexibilities. This paper argues that India has taken the lead role in enacting the TRIPS Agreement's substantive and procedural patent flexibilities by introducing unique legislative measures to deal with the problem of access to medicines. This article evaluates India's use of section 3(d) as a subject matter exclusivity provision. It examines constitutional validity and TRIPS compliance of section 3(d). It also evaluates India's use of the flexibility to define the term "inventive step". Moreover, this article evaluates India's use of compulsory licensing, the most notable exception to patent rights provided under the TRIPS Agreement. This empirical study is important in the context of the COVID-19 pandemic, which has once again highlighted the same public health issues that the Doha Declaration sought to address twenty years ago.

     
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    Source: Union catalogues
    Language: English
    Media type: Book
    Format: Online
    Other identifier:
    hdl: 10419/270383
    Series: Research paper / South Centre ; 158 (15 June 2022)
    Subjects: Access to Medicines; Compulsory Licenses; COVID-19; Doha Declaration on the TRIPS Agreement and Public Health; Flexibilities; Health; India; Intellectual Property; Inventive Step; Pandemic; Patent; Patent Law; Public Health; Subject Matter Exclusions; TRIPS; TRIPS Agreement; TRIPS Flexibilities; World Trade Organization (WTO)
    Scope: 1 Online-Ressource (circa 38 Seiten)
  4. Licencias obligatorias para exportación
    operacionalización en el orden jurídico argentino
    Author: Delich, Valentina
    Published: [2024]
    Publisher:  South Centre, Ginebra, Suiza

    In 2017, the amendment to the Agreement on Trade-Related Intellectual Property Rights (TRIPS) entered into force, whereby Article 31bis was included in its text. This provision allows compulsory licensing for exports to third countries with no or... more

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    In 2017, the amendment to the Agreement on Trade-Related Intellectual Property Rights (TRIPS) entered into force, whereby Article 31bis was included in its text. This provision allows compulsory licensing for exports to third countries with no or insufficient local production capacity. The aim is to alleviate the difficulties faced by countries without drug production infrastructure so that they can make effective use of compulsory licensing and thus strengthen access to medicines at a lower price. Argentina is a country that has drug production infrastructure and could potentially become an efficient exporter. This paper explores the possible implementation of art. 31 bis in Argentina's legislation, proposing to incorporate into the national patent law the concept of humanitarian compulsory licensing.

     
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    Source: Union catalogues
    Language: Spanish
    Media type: Book
    Format: Online
    Series: Documento de investigación / South Centre ; 196 (19 de abril de 2024)
    Subjects: Access to Medicines; Argentina; Article 31bis; Compulsory Licenses; Compulsory Licensing; Export; Intellectual Property; Local Production; Patent; Patent Law; Public Health; TRIPS; TRIPS Agreement; TRIPS Flexibilities
    Scope: 1 Online-Ressource
  5. Does a stronger patent system stimulate more R&D?
    yes, in firms that rely on patents as an appropriation mechanism
    Author: Arque-Castells, Pere; Fons-Rosen, Christian
    Published: 29 May 2024
    Publisher:  Centre for Economic Policy Research, London

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    Source: Union catalogues
    Language: English
    Media type: Book
    Format: Online
    Series: Array ; DP19116
    Subjects: R&D; Patents; Enforcement; Patent Law; Innovation
    Scope: 1 Online-Ressource (circa 69 Seiten), Illustrationen