PHM-Exch> Intellectual property rights and wrongs

[Claudio Schuftan]

SOUTH BULLETIN
No. 41   22 September 2009


INTELLECTUAL PROPERTY RIGHTS AND WRONGS

This 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 Geneva.

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, click
http://www.southcentre.org/index.php?option=com_content&task=view&id=1070&Itemid=1



Martin Khor
Editor, South Bulletin


The contents of the South Bulletin No. 40 are:
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.
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