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Intellectual Property Rights & Wrongs
Politique et stratégies

Intellectual Property Rights & Wrongs

This issue of South Bulletin focuses on recent developments and controversies in the intellectual property rights area. The legitimacy and usefulness of the IP system depends on the correct balance between the public interest and the private privilege given to the IP holders as an incentive for innovation.

This balance has been disrupted by a one-size-fits-all global regime in the TRIPS agreement. Yet TRIPS has some flexibilities that can be used to limit the damage that an inappropriate IP system can generate.

Recently, developed countries have been promoting a TRIPS-Plus agenda that reduces or removes TRIPS flexibilities. Their IP enforcement programme has resulted in legitimate generic drugs of developing countries being seized in European ports while in transit to other developing countries.

At WIPO, the developed countries are also trying to move towards a system of "global patents", in which approval of a patent in a few developed countries will almost automatically mean approval in other countries, unless there is explicit rejection. This would remove the flexibilities and powers of developing countries' authorities.

Thus the developing countries have not accepted the TRIPS-plus proposals and are protesting against the actions on generic medicines.

The South Bulletin discusses IP Rights and Wrongs and has articles on the row over generic drug seizures, the recent controversies at the WIPO meeting on Patent Cooperation Treaty, the TRIPS-Plus enforcement agenda, and the move towards a "global IP infrastructure."

The contents: •

  • Intellectual Property Rights & Wrongs
  • Row Over Seizure of Low-cost Drugs Exposes Dangers of TRIP-Plus Measures
  • Seizures of Drugs in Transit: Why Europe’s Law and Actions are Wrong •
  • Suggested PCT Reforms Could Lead to a World Patent System
  • PCT Reforms & Implications for Developing Countries
  • Concerns of WIPO's Developing-country Members and its Corporate Customers Differ
  • Need to Guard Against TRIPS-Plus Enforcement Agenda “
  • Global IP Infrastructure” and Harmonized Patent Administration (South Bulletin: Issue 41, 22 September 2009)
  • Last issue: June 2104

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