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Displaying results 1 to 6 of 6.

  1. Reaping the fruits of research on microorganisms
    prospects and challenges for R&D and industry in Sri Lanka
    Author: Fernando, Ruwan
    Published: [2022]
    Publisher:  South Centre, Geneva, Switzerland

    When the Intellectual Property Bill designed to secure compliance with the Agreement on Trade Related Aspects of Intellectual Property Rights ("TRIPS Agreement") was challenged in the Supreme Court of Sri Lanka, the Court determined that the... more

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    When the Intellectual Property Bill designed to secure compliance with the Agreement on Trade Related Aspects of Intellectual Property Rights ("TRIPS Agreement") was challenged in the Supreme Court of Sri Lanka, the Court determined that the patenting of naturally occurring microorganisms by right holders would result in the increase of the prices of diagnoses and cures. The Supreme Court found that in the absence in the Bill of mitigatory measures -as allowed by the TRIPS Agreement- and of a working definition of the term "microorganism", there was a violation of the right to equal protection under Article 12 (1) of the Constitution. In the circumstance, the patent protection for microorganisms was narrowed down to transgenic microorganisms. The policy makers do not appear to have disregarded the positive impact of the Supreme Court determination by making the necessary statutory provisions and policy changes to facilitate the patent applications on transgenic microorganisms, while ensuring that local researchers are not restrained from gaining access to naturally occurring microorganisms for research and development.

     
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    Source: Union catalogues
    Language: English
    Media type: Book
    Format: Online
    Other identifier:
    hdl: 10419/270384
    Series: Research paper / South Centre ; 159 (15 July 2022)
    Subjects: Budapest Treaty; Chakrabarty Test; Deposit Requirement; Disclosure; Health; Intellectual Property; Microorganisms; Patent; Patentability Criteria; Research and Development (R&D); Sri Lanka; TRIPS; TRIPS Agreement
    Scope: 1 Online-Ressource (circa 34 Seiten), Illustrationen
  2. Lessons from India's implementation of Doha Declaration on TRIPS and Public Health
    Author: Batra, Nanditta
    Published: [2022]
    Publisher:  South Centre, Geneva, Switzerland

    The major bone of contention between the developed and developing countries in the TRIPS negotiations was patents for pharmaceuticals. The US-led developed countries bloc argued in favour of patents for pharmaceuticals amidst opposition from Brazil,... more

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    DS 751
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    The major bone of contention between the developed and developing countries in the TRIPS negotiations was patents for pharmaceuticals. The US-led developed countries bloc argued in favour of patents for pharmaceuticals amidst opposition from Brazil, India and other countries. Ample evidence, including patented AZT for HIV/AIDS treatment, showed that patents could make life saving drugs prohibitively expensive. Notwithstanding the effect of patents on access to medicines, Article 27 of the TRIPS Agreement ordained patents for inventions "in all fields of technology". While the genie was out of the bottle in the form of patents for pharmaceuticals, the developing countries were able to extract some procedural and substantive flexibilities like transition period, parallel importation and compulsory licensing to leverage the IP system to further public health. However, there was uncertainty with respect to the interpretation of TRIPS agreement, scope of the flexibilities and Member States' rights to use them. It is in this background that the historic Doha Declaration on the TRIPS Agreement and Public Health assumed importance as it reaffirmed the rights of the Member States to take measures to protect public health, reconciled the interpretative tensions in the text of TRIPS Agreement and clarified the scope of some of the flexibilities and attempts to find solutions to the problems faced by countries that do not have sufficient manufacturing facilities. The Declaration which was initially dismissed by some scholars as "non-binding," "soft law" has been held by WTO Dispute Settlement Body (DSB) to constitute a "subsequent agreement" which must be followed in interpreting the provisions of TRIPS Agreement (Australia-Tobacco Plain Packaging Case)

     
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    Source: Union catalogues
    Language: English
    Media type: Book
    Format: Online
    Other identifier:
    hdl: 10419/270393
    Series: Research paper / South Centre ; 166 (6 October 2022)
    Subjects: Access to Medicines; Compulsory Licenses; Dispute Settlement; Doha Declaration on the TRIPS Agreement and Public Health; Flexibilities; Health; India; Intellectual Property; Intellectual Property Rights (IPRs); Parallel Importation; Patent; Patentability Criteria; Pharmaceuticals; Public Health; Transition Period; TRIPS; TRIPS Agreement; TRIPS Flexibilities; World Trade Organization (WTO)
    Scope: 1 Online-Ressource (circa 46 Seiten), Illustrationen
  3. Non-violation and situation complaints under the TRIPS Agreement
    implications for developing countries
    Author: Syam, Nirmalya
    Published: 2020
    Publisher:  South Centre, Geneva

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  4. Eighteen years after Doha
    an analysis of the use of public health TRIPS flexibilities in Africa
    Author: Vawda, Yousuf A.; Shozi, Bonginkosi
    Published: 2020
    Publisher:  South Centre, Geneva

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  5. Interpreting the flexibilities under the TRIPS agreement
    Author: Correa, Carlos María
    Published: [2021]
    Publisher:  South Centre, Geneva

    While the TRIPS Agreement provides for minimum standards of protection of intellectual property, it leaves a certain degree of policy space for WTO members, whether developed or developing countries, to implement the Agreement's provisions in... more

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    While the TRIPS Agreement provides for minimum standards of protection of intellectual property, it leaves a certain degree of policy space for WTO members, whether developed or developing countries, to implement the Agreement's provisions in different manners, to legislate in areas not subject to the minimum standards under the Agreement, and to develop legal interpretations of such provisions to determine the scope and content of the applicable obligations. This paper focuses on some aspects of how panels and the Appellate Body of the WTO have interpreted said provisions. The paper also draws general conclusions for the implementation of TRIPS flexibilities, which are of crucial importance for the design of a pro-competitive intellectual property system and, in particular, for achieving public health objectives, as specifically recognized by the Doha Declaration on TRIPS and Public Health.

     
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  6. Special Section 301: US interference with the design and implementation of national patent laws
    Author: Correa, Carlos M.
    Published: 2020
    Publisher:  South Centre, Geneva

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