Intellectual property law
It's all bad news on Aids drug research
IPN Opinion article
There has been widespread applause for the recent findings of the British government's Commission on Intellectual Property Rights, which argues that patents block essential drug access and intellectual property rights offer few advantages to developing countries. But the real victims of poverty and disease are already worse off because of previous attacks on intellectual property.
Cost of accumulating knowledge
IPN Opinion article
The basic problem in the [Commission on Intellectual Property Rights] report is the archaic mindset that seems to be the
foundation of much of what has been written. First, the report assumes that
all knowledge is sacred and therefore must be in public domain. Second, that
intellectual property rights restrict the flow of ideas. Third, there is a
fascinating proposition that societies can close the knowledge gap only
through theft and imitation. This one is clearly racist. But more on this
later.
Defending intellectual property
IPN Opinion article
\"Unfortunately, the outcome of Doha suggests that inventors in developing countries may only find true intellectual property protection in the first world. The costs and effort this inevitably entails would act as a serious disincentive to innovation, and those who did innovate would have little reason to cater to their own market under the threat of state sanctioned piracy.\"
Compulsory licensing no solution to health problems in poor countries, say experts from India, Argentina, Canada and South Africa.
IPN Opinion article
In a collection of papers published today, a group of experts from around the world contradict the claim that compulsory licensing of 'essential' medicines will benefit the world's poor. They point out that patents and other forms of intellectual property are an essential component in economic development. Interfering with intellectual property by compulsory licensing or price controls will undermine investments and cause more harm than good. They call instead for stronger protection of intellectual property globally.
The compulsory licensing anomaly
IPN Opinion article
If compulsory licensing is retained as a response to perceptions about market failure, it is necessary also to recognise the costs of state failure. As of now, the Uruguay Round agreement permits too much discretion to governments on compulsory licensing, with 'public interest' a deliciously vague expression. As a second-best solution, this needs to be disciplined. The powers granted for public non-commercial use are too broad and there are no guidelines on compensation and royalty payments. While the TRIPS agreement lays down a framework, it is unrealistic to expect that everything should be laid down in such an agreement. However, too much discretion is also undesirable as it leads to arbitrariness. If there is one lesson that emerges from the development experience of developing countries, it is that the costs of arbitrary government decision-making can be devastating. The market is inherently superior. While this is a message that extends to all sectors, it is particularly true of the pharmaceutical sector. Hence a review of TRIPS is in order.
Malaria and Patents
IPN Opinion article
The overwhelming evidence from around the globe supports the thesis that the protection of private property is central to improving economic performance. This protection must extend to intellectual property and patents on drugs. Attenuation of patents therefore goes further than simply making developing country disease an unattractive avenue for pharmaceutical research and development; it undermines economic growth and human health.
TRIPS and Healthcare: Rethinking the Debate
IPN Opinion article
In this paper, a group of experts from around the world contradict the claim that compulsory licensing of 'essential' medicines will benefit the world's poor. They point out that patents and other forms of intellectual property are an essential component in economic development. Interfering with intellectual property by compulsory licensing or price controls will undermine investments and cause more harm than good. They call instead for stronger protection of intellectual property globally.
Compulsory licensing no solution to health problems in poor countries, say experts from India, Argentina, Canada and South Africa.
IPN Press release
Ending patents not the cure
IPN Opinion article
\"The problem with the ending of patent protection, though, is that in the long term we all lose, especially those in developing countries. And that will be the outcome if the pharmaceutical companies fail in their attempt starting on March 5 in Pretoria High Court to overturn legislation that allows patent-breaking anti-AIDS drugs to be imported from India...\"
Ending patents not the cure
IPN Opinion article
\"The problem with the ending of patent protection, though, is that in the long term we all lose, especially those in developing countries. And that will be the outcome if the pharmaceutical companies fail in their attempt starting on March 5 in Pretoria High Court to overturn legislation that allows patent-breaking anti-AIDS drugs to be imported from India...\"
