E-drug: Carlos Correa book on Integrating Public Health concerns into
Patent Legislation in developing Countries
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I have just received a final version of this very useful book. This
publication provides information for countries as to the options open to
them to incorporate public health into national patent legislation.
In many places the book provides options of language that could be
used by countries in their national legislation. I feel sure that
this small book
will be an invaluable aid to Ministries of Health and to government
lawyers struggling to draft TRIPS compliant national legislation by
2005 or 2006.
Here is the Press release about the book:
NEWS RELEASE
PATENT LAW MUST BE TRIPS AND PUBLIC-HEALTH-SENSITIVE
Geneva, 10 November -- Legislative reform and design of patent laws in
developing countries to bring them into conformity with the WTO
Agreement on Trade-Related Aspects of Intellectual Property Rights
(TRIPS) must be responsive to health policy objectives, particularly
the needs of the poor, says a new study released today by the South
Centre.
The study, "Integrating Public Health Concerns into Patent Legislation in
Developing Countries" has been prepared by Prof. Carlos Correa, a
well-known lawyer and economist on intellectual property issues. The
study shows that various options exist for developing countries in
formulating their national legislation in line with the provisions of
TRIPS.
The TRIPS Agreement has introduced a new and important international
framework for IPRs - which in turn has important implications for the
health sector, the study points out. While setting out detailed
obligations in respect of the protection of inventions, the
Agreement, however, does not establish a uniform international law
nor even uniform legal requirements.
"WTO member countries are obliged to comply with the minimum
standards of the TRIPS Agreement ," says Prof. Correa. "But they also
have considerable room to develop their own patent and other
intellectual property laws in response to the characteristics of
their legal systems and developmental needs. In implementing the
TRIPS provisions, the WTO Member countries may legitimately adopt
regulations that ensure a balance between the minimum standards of
IPR protection the public good."
In presenting the options for the design and implementation of
public-health-sensitive patent policies in developing countries, the
study
examines approaches to selected issues in patent law that may help to
strike a balance between public and private interests involved in the
protection of health-related inventions, including those of States,
patients, and the suppliers of health-related goods and services.
The study looks into issues relating to the patentable subject matter, the
scope of claims, patentability requirements, special cases in
pharmaceuticals, disclosure, exceptions to exclusive rights, and
compulsory licensing.
"Public health goals can be significantly advanced through North-South
co-operation, involving both the public and private sectors, through
official assistance, licensing of technology, joint ventures and other
modalities," says Prof. Correa . "The climate, scope and effectiveness of
such co-operation, however, can be significantly advanced if developed
countries abandoned the use of unilateral actions for obtaining the
protection of commercial interests of their patent holders in developing
countries. International co-operation in this area should recognise the
fundamental right of any person to have access to basic health care,
and the corresponding obligation of governments to protect and
promote public health."
I was pleased to see that the material is not copyrighted and can be
reproduced. The publication is available from South Centre, 17 Ch. du
Champ-d'Anier, POB 228, 1211 Geneva 19 Switzerland.
Fax 41 22 798 8531. Email south@southcentre.org WWW
The material is also available on the Web at
http://www.southcentre.org/publications/publichealth/toc.htm
There is anothe short paper on Compulsory Licensing on the South site as
well
Richard Laing
Associate Professor of International Health
Boston University School of Public Health
715 Albany St, T4W, Boston MA 02118 USA
Tel 617 414-1444 Fax 617 638-4476
E-mail richardl@bu.edu
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