Search results

The purpose of this study is to contribute towards the debate about global access to COVID-19 vaccines, therapeutics and diagnostics.

The global scramble for COVID-19 vaccine and other related pharmaceutical products have once again exposed the limitations of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). High-income countries are claiming a lion’s share of the first available batches of the COVID-19 vaccine in total disregard of the consequences such approach would have on the low-income countries that lack both the manufacturing wherewithal and the financial resources to purchase the vaccine and other products needed to combat the pandemic. This paper reviews the existing TRIPS Flexibilities and analyses their limitations with respect to equitable access of pharmaceutical products in times of health emergencies. This paper then considers the unique challenges that have been brought to the fore by the COVID-19 pandemic. Finally, this paper analytically explores some options that have been proposed so far that the World Trade Organization (WTO) or governments can take in the immediate to near term to facilitate equitable access to COVID-19 pharmaceutical products and technologies. This research is non-empirical, desk-based research. It is, therefore, based on the literature review of existing body of work that is relevant to the topic under discussion. Mindful of the epistemological challenges that are always associated with desk-based research, part of the methodology of this work is to seek support from related empirical studies based on different philosophical underpinnings but that confirm the working hypothesis of this research.

This paper finds that there is still a need for a comprehensive reform of TRIPS Agreement to streamline the voluntary licencing system which is an important tool for low-income countries’ access to affordable pharmaceuticals. However, for purposes of dealing with COVID-19, WTO members should consider establishing pooled Licencing Facilities and procurement strategies via already existing political, economic or regional trade groupings.

This research is original. All sources have been acknowledged. This research synthesises different research papers and applies different viewpoints to the debate on the impact of the TRIPS Agreement on equitable access to COVID-19 vaccines, therapeutics and diagnostics.

Several countries, such as South Africa and India, believe that intellectual property rights (IPRs), including patents, impede the efficient increase in vaccine production to inoculate the global population as they scramble to recover from the COVID-19 pandemic. Their proposal at the World Trade Organization (WTO) to waive these pharmaceutical patents has been met with resistance from a few developed countries, who believe that the abrogation of IPRs is unnecessary, even during a pandemic. The purpose of this paper is to discuss the impact of a potential waiver of medical patents at the WTO versus the status quo of IPR laws in the global economy.

This study examines key arguments from economic and moral standpoints regarding the provisions of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement and other related international agreements and their validity based on the premise of the internalisation of positive externalities posed by vaccines.

The effectiveness of the TRIPS agreement in securing medical access is weak on account of the ability of profit-making multinationals to secure IP rights and on account of the Trans-Pacific Partnership, a multilateral agreement that supports patent evergreening and a period of protection on test data which challenges the access to medicines and the fundamental human right to health.

This study examines international IPRs through the lens of human rights and proposes a new system that balances the two.

This paper serves as a short introductory overview of the World Trade Organisation's Trade Related Aspects of Intellectual Property Rights Agreement and the extent to which it impinges on food security in the developing world. Looks at the motivation for the TRIPs Agreement, the transformation in agriculture wrought by the “gene revolution” and the consequent rush to patents. The potential impact of the Agreement, namely Article 27.3(b) on the developing world, is then assessed. Claims that a consolidation of the seed industry has led to certain firms enjoying monopoly privileges, whch is at variance with the WTO's aspiration of greater liberalization of trade. However, the greatest danger to food security in developing countries may come from the implementation of the UPOV Convention, which has been used by powerful states as a means to ensure the compliance of developing countries with the provisions of the TRIPs Agreement.

The purpose of this paper is to analyse the interface between the Trade Related Aspects of Intellectual Property Rights Agreement (TRIPS) and the Convention on Biological Diversity (CBD), to determine measures available to the global community to resolve the conflict between them, in order to prevent the rapid loss of biodiversity despite the diverse interests of nations.

Within the framework of sustainability, this paper adopts a socio‐legal approach by undertaking a content analysis of the relevant treaties and juristic writings that sheds light on the existing matrix of interaction between the two legal instruments.

The findings reveal that there is an urgent need to review all the instruments, particularly in the area of trade, intellectual property and conservation of biodiversity that causally influence the people's freedoms and capabilities in the said areas. To overcome the range of these surmountable barriers, a comprehensive approach to development is required, i.e. an all‐encompassing functional relation amalgamating distinct development concerns in relevant spheres, especially in economic matters.

The paper explores the changes that need to be incorporated in the TRIPS and CBD in order to develop an appropriate normative framework with regards to property in genetic material.

The research provides amicable solutions that can be explored particularly by the providers of genetic resources, in order to overcome the monumental challenges during the joint implementation of TRIPS and the CBD.

The comprehensive review undertaken in this paper enables the stakeholders to explore measures that enable sustainable development without jeopardizing Earth's biodiversity.

This paper aims to analyse the impacts of the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS Agreement) as adopted by the World Trade Organization (WTO) on the pharmaceutical regulation and pricing of drugs in Bangladesh. The purpose of this paper is to explore how Bangladesh could adjust obligations for patent and pharmaceutical law reforms in the context of TRIPS Agreement while maintaining societal goals to ensure access to medicines. Another prime objective of this study is to examine viability of arguments regarding pharmaceutical patents for affordability and accessibility of pharmaceuticals in Bangladesh.

This paper used doctrinal research and case study using surveys and interviews in Bangladesh to understand the perceptions of different stakeholders regarding TRIPS and possible impacts on the local pharmaceutical industry and also consequences as to access to pharmaceuticals in terms of pricing, availability and affordability.

This study suggests that in the case of Bangladesh, the main health bottleneck is not patents or any drugs, but the lack of proper healthcare service, health infrastructure and lack of efficient healthcare personnel. Again, most of the necessary drugs for the local market are off patent, but patented drugs, issues of price, availability and affordability could become a concern for Bangladesh in situation of multi-drug resistance and for diseases like HIV AIDS, cancer and cardio-vascular problems.

This study was based on randomly selected interview and surveys. To get a broader picture of the impacts of TRIPS compliant patent law and pharmaceutical patents in a country like Bangladesh, more in-depth socio-legal studies need to be conducted. Due to shortage of time and resources, it was not possible to conduct broader socio-legal studies; therefore, this study may not reflect views of all related stakeholders.

This paper will guide how countries like Bangladesh could adopt intellectual property policies for pharmaceuticals in a way not only adjusting societal goals for accessibility and affordability of pharmaceuticals but also promoting innovation and capability of local industries.

Countries like Bangladesh should adopt intellectual property policies balancing not only investment and innovation side but also societal goals to ensure access to medicines for the vast majority of poor populations.

This study is an original study based on primary sources as collected during field studies in Bangladesh. It also used doctrinal research, and related materials are duly referred.

In this chapter I put forward a framework to help us understand the underlying sources of national policy failures regarding intellectual property rights (IPR) protection, the need for international coordination, and how the coordination should be done. I also analyze whether global harmonization of IPR standards is necessary or sufficient for achieving globally welfare-maximizing policies. Then I move on to analyze the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which is a mighty effort to coordinate IPR policies across member countries of the World Trade Organization (WTO). I discuss what TRIPS was supposed to do and what it has actually achieved, with reference to my theoretical framework. I explain that it is desirable for IPR to be included in world trade talks and be negotiated along with other trade issues. I offer analyses on the extensions of the basic model by introducing political economy and trade barriers, as well as allowing countries to discriminate against foreign firms. Finally, I comment on further potential extensions such as introduction of foreign direct investment (FDI) or licensing, parallel imports, cumulative innovations, subject matter of protection and costs of implementation. The main thrust of the basic model is that, provided that there is free trade and non-discrimination of foreign firms, there exist positive cross-border externalities as a country strengthens its IPR protection, since it raises the profits of foreign firms and the welfare of foreign consumers without causing any deadweight loss on foreign soil. This implies that national governments tend to provide too little IPR protection compared with the global optimum. The model also implies that a country with higher innovative capability and larger domestic market would provide stronger IPR. Thus, it is natural for the South to protect IPR less than the North in the absence of international coordination. These basic results largely continue to hold under various extensions.

This paper aims to explore the contours of the future intellectual property (IP) protocol of the African Continental Free Trade Area (AfCFTA) Agreement.

This paper frames the IP protocol within the architecture of the AfCFTA Agreement, meaning that it will follow the structure of other protocols and will be guided by the Agreement’s foundational principles and objectives. With the place, shape and form of the protocol so established, the paper considers the substantive aspects that ought to be addressed. It also considers provisions on technical assistance, capacity building and cooperation.

The paper finds that the Tripartite Free Trade Phase 2 IP agenda is a credible starting place, which must be broadened to better meet gendered challenges and the continent’s developmental priorities. This will entail including provisions on specific aspects enumerated in the paper, which must be aligned with provisions on technical assistance, capacity building and cooperation to enhance implementation. The best outcomes in the negotiation, adoption and implementation of the IP protocol will be achieved by an inclusive approach incorporating all national, sub-regional and regional institutions guided by coherent policy and coordinated to ensure efficiency in resources and capacity mobilisation.

To the best of the author’s knowledge, this is the first paper to formally consider both the architecture and substantive provisions of the future AfCFTA IP protocol with specific focus on gendered dimensions.

We survey several of the theoretical models that have been applied to the analysis of the GATT/WTO dispute settlement process. These include repeated game models, which emphasize the punishment aspect of dispute settlement, and incomplete contracting models, which emphasize the “gap-filling” aspect. Our analysis emphasizes the implications of these models for the strengthening of the dispute settlement process under the WTO and for its application to the TRIPS agreement. We also discuss how models of settlement bargaining can be applied to obtain empirical predictions about which cases will actually proceed to an actual finding by the dispute panel.

Although a large number of Arab countries are members of the World Trade Organisation and the Agreement on Trade‐Related Aspects of Intellectual Property Rights, most of these countries were unable to structure a national intellectual property protection regime which takes into consideration their development plans. The purpose of this paper is to shed light on the history of Arab countries' participation in multilateral trade and intellectual property negotiations and calls for the maximum utilisation by these countries of the intellectual property policy space available to them under international law.

The paper draws from the texts of international agreements and from the available literature on intellectual property. The paper also makes use of various international reports and studies on intellectual property and development.

The paper argues that due to the minimal participation and involvement by Arab countries in international trade and intellectual property negotiations, officials in these countries lacked deep knowledge and understanding about the technical and legal issues engulfing the regulation and implementation of intellectual property. The paper finds that those countries mostly active in negotiations were more able to capitalise on the system and to benefit from the available policy space in terms of national development. Finally, the paper provides recommendations aimed towards enhancing the policy space and utilising intellectual property for development purposes.

These findings are important for policy makers, officials and those interested in understanding the relation between intellectual property protection and development and how developing and Arab countries would be able to maximize the benefits from the international protection regime.

The paper aims to examine whether the panel and parties of China – Intellectual Property Rights could have applied the general principle of necessity developed under Article XX of the General Agreement on Tariffs and Trade and Article XIV of the General Agreement on Trade in Services. This paper specifically seeks to examine applicability of the general principle of necessity in the World Trade Organization (WTO) tribunal's analysis of the provisions of the Berne Convention, which is incorporated by Article 9 of the Trade‐related Aspects of Intellectual Property Rights (TRIPS) Agreement.

The paper performs a series of documentary/archival research and case studies of the jurisprudence and interpretative methods of the WTO adjudicative bodies.

The general principle of necessity in WTO jurisprudence is applicable when a measure taken by a WTO member is inconsistent with WTO provisions, the measure is highly relevant to the sovereignty of the WTO member, the WTO member seeks to justify the measure by applying one of the exceptions articulated in the WTO Agreements, and the relevant language of necessity exists in the exception provisions. If these requirements are met, the general principle of necessity would be applicable to other provision of WTO Agreements, including Article 17 of the Berne Convention incorporated by Article 9 of the TRIPS Agreement, provided that the parties of the dispute raise the defense in their arguments.

By examining the application of the general principle of necessity and its relevance to sovereignty in one of the most recent disputes in the WTO, this paper analyzes a decision that could have considerable impacts on the jurisprudence of future disputes regarding enforcement of intellectual property rights in the WTO regime.