Kryzys ochrony zdrowia publicznego na tle problemu dostępu do szczepionek przeciw COVID-19

2021 ◽  
Vol 5(166) ◽  
pp. 249-265
Author(s):  
Maciej Barczewski ◽  
Sebastian Sykuna
Keyword(s):  
Intellectual Property ◽  
Intellectual Property Rights ◽  
World Trade ◽  
Legal Framework ◽  
Medicinal Products ◽  
Public Attention ◽  
Leading Role ◽  
The World ◽  
New Type

The Acute Respiratory Syndrome (SARS-CoV-2) pandemic has exposed significant weaknesses in many countries in terms of preparedness to deal with a completely new type of public health threat. Difficulties and delays in the supply of COVID-19 vaccines have drawn public attention to the leading role played by transnational corporations in access to medicinal products. The authors consider these problems against the background of the concept of epidemiological solidarity and the legal framework for the protection of intellectual property in the World Trade Organization. In this context, they point out the key role of human rights as an instrument to prevent the abuse of intellectual property rights.

Role of Intellectual Property Rights for Achiveing Sustainable Development:A Present Scenario

LAW REVIEW ◽  
2018 ◽  
Vol 38 (1) ◽  
Author(s):  
Ali Nawaz Zaidi ◽  
Yashfeen Ali
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
World Trade ◽  
Significant Part ◽  
The World ◽  
Exchange Transactions ◽  
Short Presentation

From an expansive reasonable improvement perspective, licensed innovation (IP) may identify with various parts of a nation’s social and financial advancement. Its effect can be felt in mechanical, wellbeing, training, sustenance, biodiversity and social approaches. In investigating the issues identifying with maintainable improvement and the essential changes that have occurred in the IP scene, we will centre around issues that are attracting specific consideration real worldwide fora and to advancements that are occurring in two-sided exchange transactions. This paper will in this manner centre around understanding the centrality of the World Trade Organization’s (WTO) Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPS), look at its fundamental highlights and evaluate the manners by which it has changed the scene of IP relations. In doing as such the paper investigates the key IP issues identified with feasible improvement, with accentuation on patterns and remarkable inquiries in the worldwide talk. In this regard, the issues identified with access to learning, access to wellbeing and the connection between the worldwide IP engineering and the security of biodiversity and conventional information (TK) has involved a significant part of the consideration of policymakers. This paper in like manner focuses its request on these issues. We start with a short presentation on the reason and the fundamental controls of licensed innovation rights (IPRs).

“Trust Me”: Patent Offices in Developing Countries

2008 ◽  
Vol 34 (2-3) ◽  
pp. 151-174 ◽  
Author(s):  
Peter Drahos
Keyword(s):  
Developing Countries ◽  
Intellectual Property ◽  
Intellectual Property Rights ◽  
World Trade ◽  
Access To Medicines ◽  
Property Law ◽  
Patent Office ◽  
Pharmaceutical Markets ◽  
The World

Patent rules matter to the structure and evolution of pharmaceutical markets. If they did not, pharmaceutical multinationals would not spend resources on their globalization and content. The role of pharmaceutical multinationals in shaping the patent provisions of the Agreement on the Trade-Related Aspects of Intellectual Property Rights (TRIPS) has been well documented. The contributions of developing country coalitions and nongovernmental organizations (NGOs) in the World Trade Organization (WTO) on TRIPS and access to medicines have also been studied.One actor, the patent office, has largely escaped detailed scrutiny in the literature that has grown around intellectual property law and access to medicines. There is an obvious explanation. Patent offices are administrative bodies. They administer patent standards that are decided and defined by others – the courts, legislatures or the executive acting in the context of treaty negotiation. For those interested in the structural reform of pharmaceutical markets, reforming patent office administration has not been a high priority.

scholarly journals Not Tripping over TRIPS: An Analysis of Necessity and Legality of the COVID-19 TRIPS Waiver Proposal

2022 ◽  
Vol 10 (5) ◽  
pp. 61-65
Author(s):  
Ahan Gadkari ◽  
◽  
Sofia Dash ◽  
Keyword(s):  
South Africa ◽  
Intellectual Property ◽  
Property Rights ◽  
World Trade Organization ◽  
Intellectual Property Rights ◽  
World Trade ◽  
Vaccine Development ◽  
Pharmaceutical Manufacturing ◽  
The World ◽  
Fair Distribution

The availability of vaccinations against COVID-19 provides hope for containing the epidemic, which has already claimed over 2.84 million lives. However, inoculating millions of individuals worldwide would need large vaccine manufacturing followed by fair distribution. A barrier to vaccine development and dissemination is the developers' intellectual property rights. India and South Africa have jointly sought to the World Trade Organization that certain TRIPS rules of COVID-19 vaccines, medicines, and treatments be waived. This piece argues for such a waiver, highlighting the unique circumstances that exist. It believes that TRIPS's flexibilities are inadequate to cope with the present epidemic, particularly for nations without pharmaceutical manufacturing competence.

Implementing the Global Biodiversity Convention: IPR for Public Good

1995 ◽  
Vol 20 (4) ◽  
pp. 3-10
Author(s):  
M S Swaminathan
Keyword(s):  
Intellectual Property ◽  
Public Good ◽  
Intellectual Property Rights ◽  
Rural Women ◽  
World Trade ◽  
Trade Agreement ◽  
The World ◽  
Global Biodiversity ◽  
Biodiversity Convention ◽  
Conservation Of Biodiversity

Transparent and implementable methods of recognizing and rewarding the contributions of tribal and rural women and men in the conservation of biodiversity have become exceedingly urgent in the context of the provisions of the Trade Related Intellectual Property Rights (TRIPS) under the World Trade Agreement. In this paper, M S Swaminathan points out how considerations of equity can be integrated with those of ecology and economics in recognizing and rewarding informal innovations in genetic conservation and enhancement.

IV. Intellectual Property

2001 ◽  
Vol 50 (3) ◽  
pp. 714-724
Author(s):  
Joe McMahon ◽  
Catherine Seville
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
World Trade Organization ◽  
Intellectual Property Rights ◽  
World Trade ◽  
Trips Agreement ◽  
Global System ◽  
The World

This Journal's previous piece on current developments in EC intellectual property noted that this area of law is dominated by the drive towards harmonisation.1 This drive continues, and its success has been such that it can now begin to be seen in an overarching context of globalisation. The idea of a unified global system for the protection of intellectual property now seems at least conceivable, even if not immediately achievable. It is even possible to state that some stages have been achieved on the journey, most notably the TRIPs Agreement. Since adherence to this is a requirement of World Trade Organization (WTO) membership, the arguments in its favour have suddenly become “persuasive”. It represents a tremendous achievement in terms of the protection and enforcement of intellectual property rights throughout the world. The World Intellectual Property Organisation's contribution here and elsewhere has been immense.

Compulsory Licensing in Canada and Thailand: Comparing Regimes to Ensure Legitimate Use of the WTO Rules

2009 ◽  
Vol 37 (2) ◽  
pp. 222-239 ◽  
Author(s):  
Kristina M. Lybecker ◽  
Elisabeth Fowler
Keyword(s):  
Developing Countries ◽  
Intellectual Property ◽  
Intellectual Property Rights ◽  
World Trade ◽  
Trips Agreement ◽  
Essential Medicines ◽  
Compulsory Licensing ◽  
The World ◽  
Aids Crisis ◽  
Doha Declaration

The tension between economic policy and health policy is a longstanding dilemma, but one that was brought to the fore with the World Trade Organization’s (WTO) Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement in 1994. The pharmaceutical industry has long argued that intellectual property protection (IPP) is vital for innovation. At the same time, there are those who counter that strong IPP negatively impacts the affordability and availability of essential medicines in developing countries. However, actors on both sides of the debate were in agreement that something needed to be done to address the HIV/AIDS crisis, especially in developing countries. In response to sustained and significant pressure from civil society groups, members of the World Trade Organization agreed to the Declaration on the TRIPS Agreement and Public Health (the Doha Declaration) in 2001. The Declaration clarified that countries unable to manufacture the needed pharmaceuticals could obtain more affordable generics elsewhere if necessary.

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