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TWN
Info Service on Health Issues (Mar22/07) Lessons from the pandemic for LDCs: Implementing intellectual property flexibilities We are pleased to share with you a new TWN Briefing Paper by Sangeeta Shashikant – Lessons from the pandemic for LDCs: Implementing intellectual property flexibilities – highlighting the intellectual property flexibilities enjoyed by the least developed countries (LDCs) and hence, the significance of using this policy space especially in the context of the ongoing COVID-19 pandemic with its huge detrimental impact specifically on health and education. LDCs are exempted from implementing the World Trade Organization’s Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). Article 66.1 recognises their “special needs and requirements” as well as their “economic, financial and administrative constraints”. In addition to this general exemption which continues until 1 July 2034 after having been renewed in 2021, LDCs are also entitled to specific exemption from TRIPS requirements on pharmaceutical products which has been renewed until 1 January 2033. The briefing paper provides the successful example of Bangladesh towards developing its generic pharmaceutical industry through effective utilisation of the LDC flexibilities. It also provides an insight on how the absence of intellectual property protection led to the growth of technological capacity of developed countries as well as of other developing countries thus demystifying the myth that intellectual property implementation leads to innovation and technological development. With best wishes, Third World Network
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