Intellectual property
An integrated health, trade and IP approach to respond to the COVID-19 pandemic
The coronavirus disease 2019 (COVID-19) pandemic constitutes an extraordinary global public health crisis. It has created a pressing need for intensified global cooperation. The pandemic has from its outset raised issues at the crossroads of public health policy trade policy and the framework for and the management of innovation including those relating to intellectual property (IP) rights.
Medical technologies: the innovation dimension
Chapter II has described the main elements of the policy framework for innovation and access. This chapter considers how this policy framework applies to innovation in medical technologies. It reviews the factors that have spurred innovation in medical technologies in the past identifies how current models of R&D are evolving and charts the role of established and new participants in the innovation process including in the context of neglected diseases emerging pathogens with pandemic potential and antibacterial treatments. It also covers the role of IP particularly patents in the R&D system.
Medical technologies: the access dimension
Chapter III explained the role of intellectual property (IP) and other policy measures in health innovation; this chapter provides a detailed description of the access dimension and the concepts laws and policies underlying it as well as data on availability and access to health technologies and methodological approaches to their measurement. It also offers an overview of the main determinants of access related to health systems IP and trade policy.
Foreword
International cooperation on public health is inherently multi-dimensional with a focus on building effective health systems. It is dynamic and responsive to the demands of countries around the globe. Towards this goal the World Health Organization (WHO) the World Intellectual Property Organization (WIPO) and the World Trade Organization (WTO) have been working closely together for almost two decades to support global endeavours to improve health outcomes.
Promoting Access to Medical Technologies and Innovation, 2nd Edition
Medical technologies – medicines vaccines and medical devices – are essential for public health. Access to essential medicines and the lack of research to address neglected diseases have been a major concern for many years. To promote innovation and to ensure equitable access to all vital medical technologies policy-makers need a clear understanding of the innovation processes that lead to new technologies and of the ways in which these technologies are disseminated in health systems. This study seeks to reinforce the understanding of the interplay between the distinct policy domains of health trade and intellectual property and of how they affect medical innovation and access to medical technologies. This collaborative effort by the World Health Organization the World Intellectual Property Organization and the World Trade Organization draws together the three Secretariats’ respective areas of expertise. The study is intended to inform ongoing technical cooperation activities undertaken by the three organizations and to support policy discussions. It has been prepared to serve the needs of policy-makers as well as lawmakers government officials delegates to international organizations non-governmental organizations and researchers. The second edition comprehensively reviews the existing material and captures new developments in key areas since the initial launch of the study in 2013. Among the new topics covered by the study are antimicrobial resistance and cuttingedge health technologies. The second edition provides updated data on health innovation trends in the pharmaceutical sector and trade and tariffs. It includes an updated overview of access to medical technologies globally and key provisions in free trade agreements and takes account of developments in IP legislation and jurisprudence.
Acknowledgements
This publication is the product of extensive collaboration between the WHO WIPO and WTO Secretariats led by the Department of Public Health Innovation and Intellectual Property in the WHO the Global Challenges Division in WIPO and the Intellectual Property Government Procurement and Competition Division in the WTO.
Saudi Arabia, Kingdom of - Measures Concerning the Protection of Intellectual Property Rights
On 16 June 2020 the WTO circulated the panel report in the case brought by Qatar in “Saudi Arabia — Measures concerning the Protection of Intellectual Property Rights” (DS567).
Australia - Certain Measures Concerning Trademarks, Geographical Indications and Other Plain Packaging Requirements Applicable to Tobacco Products and Packaging
On 9 June 2020 the Appellate Body issued its reports in the cases brought by Honduras and the Dominican Republic in “Australia — Certain Measures Concerning Trademarks Geographical Indications and Other Plain Packaging Requirements Applicable to Tobacco Products and Packaging” (DS435 and DS441).
WIPO-WTO colloquium papers 2019
The WIPO-WTO Colloquium Papers is a peer-reviewed academic journal published jointly by the World Intellectual Property Organization and the World Trade Organization each year since 2010. Providing a uniquely representative and diverse showcase for emerging IP scholarship from across the globe the journal aims to stimulate analysis and debate on intellectual property (IP) issues particularly of interest to developing countries. And it offers an avenue for the dissemination of a broader and more geographically diverse and representative range of scholarship than is common in much of the academic literature on IP law and policy.
Product Patents and Access to Innovative Medicines in a Post-TRIPS era
This WTO working paper studies availability and affordability of new and innovative pharmaceuticals in a post-TRIPS era. The WTO’s TRIPS Agreement (TRIPS) makes it obligatory for WTO members– except least-developed country members (LDCs) - to provide pharmaceutical product patents with a 20-year protection term. Developing country members other than LDCs were meant to be compliant with this provision of TRIPS by 2005.
A world of opportunities and challenges
Research published by the European Parliament in 2017 claimed that Blockchain could “change our lives” (Boucher 2017). What the various blockchain applications that are being developed in areas as diverse as trade finance trade facilitation trade in services intellectual property and government procurement show is that Blockchain has the potential to impact both the traders and the government agencies involved in international trade significantly. Opportunities are multifaceted but will only be realized if several key challenges are addressed.
Conclusion
Research published by the European Parliament in 2017 claimed that Blockchain could “change our lives” (Boucher 2017). What the various blockchain applications that are being developed in areas as diverse as trade finance trade facilitation trade in services intellectual property and government procurement show is that Blockchain has the potential to impact both the traders and the government agencies involved in international trade significantly. Opportunities are multifaceted but will only be realized if several key challenges are addressed.