Service on WTO and Trade Issues (Sept09/12)
Published by the South Centre (www.southcentre.org)
INTELLECTUAL PROPERTY RIGHTS AND WRONGS
issue of South Bulletin focuses on recent developments and controversies
in intllectual property. We hope it will be timely because of
the WIPO General Assemblies starting on 22 September in
The legitimacy of the IP system depends on the correct balance between the public interest and the private privilege given to the IP holders. 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. 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."
To read the Bulletin, see the attached PDF file.
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With best wishes
Executive Director, South Centre
Editor, South Bulletin
The contents of the South Bulletin No. 41 are: