2020-11-25

The WTO TRIPS Agreement, as reaffirmed by the Doha Declaration on TRIPS and Public Health, recognises the right of WTO members to grant compulsory licenses and their freedom to determine the grounds upon which such licenses may be granted (read our Call for Action on Intellectual Property and Trade Measures to Address the Covid-19 Crisis here).

Coming home from road trips at 2 a.m. or 3 a.m. and kids having to go to school or “The unprecedented and rapid spread of COVID-19 and the related  THE TRIPS AGREEMENT AND COVID-19 . INFORMATION NOTE. 1. Key points • A full response to the COVID-19 crisis requires wide access to an extensive array of medical products and other technologies, ranging from protective equipment to contact tracing software, medicines and diagnostics, as well asvaccines and treatments that are yet to be developed.

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5). Article 73 of the TRIPS Agreement provides for the security exceptions that states can invoke to defend their non-compliance with the TRIPS Agreement. This is a unique provision in the context of international intellectual property law. The TRIPS Agreement (more fully, the Agreement on Trade-Related Aspects of Intellectual Property Rights) is an international agreement setting out minimum standards for the regulation of intellectual property (IP) rights. They have proposed a waiver of certain parts of the TRIPS Agreement, the WTO international treaty which protects intellectual property at global level. The proposal is still under discussion. If International geregelt sind die (handelsbezogenen) geistigen Eigentumsrechte im WTO-Vertrag mit dem „TRIPS Agreement“ (Trade-Related Aspects of Intellectual Property Rights).

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The most pertinent provision with regard to COVID-19 is Article 73(b)(iii) of the TRIPS Agreement which mirrors Article XXI(b)(iii) of GATT. Article 73(b)(iii) permits a state to take ‘any action which it considers necessary for the protection of its essential security interests’ during the ‘time of war or other emergency in international relations’.

Civil society letter supporting India's and South Africa's proposal for a TRIPS Agreement waiver for COVID-19 treatments. Agenda item 12 - Proposal for a waiver from certain provisions of the TRIPS agreement for the prevention, containment and treatment of COVID-19 Thank you, Madam Chair. Further to the TRIPS Council’s status report delivered at last week’s meeting of the General Council, Canada is pleased to see that Members were able to agree on a way ahead for this important discussion.

15 Nov 2020 India and South Africa have asked the WTO to waive major intellectual-property provisions of the TRIPS agreement for COVID-19 technologies.

The Giant Awakens-Law and Economics of Excessive Pricing & COVID-19 Crisis licensing as an anticompetitive remedy under the TRIPS Agreement.

2020-08-01 · The TRIPS Agreement Article 73 Security Exceptions and the COVID-19 Pandemic (August 1, 2020). Research Paper 116, South Centre, Geneva (August 2020), FSU College of Law, Public Law Research Paper No. 930, FSU College of Law, Law, Business & Economics Paper No. 20-16, Available at SSRN: https://ssrn.com/abstract=3682260 or http://dx.doi.org/10.2139/ssrn.3682260 At the TRIPS Council meeting held on October 15-16, 2020 India and South Africa proposed, WTO to waive off implementation and enforcement of certain provisions of the TRIPS Agreement in relation to the prevention, containment or treatment of COVID-19 for all the member nations for term as agreed by the General Council, and until vaccination is in place globally and majority of the world's population is immune. The TRIPS Agreement, these members said, is the right tool to strike the right balance between innovation and safeguarding public health, including access to affordable medicines for all. The production of high-quality COVID-19 medicines and treatments has been possible based on a system that promotes collaboration and voluntary knowledge-sharing and licensing, while ensuring IPRs are respected, they said. The terms equitable and fair are applied in the 2020 resolutions on COVID‐19, which also calls for the “urgent removal of unjustified obstacles … in accorance with [TRIPS] … as confirmed by the Doha Declaration ….
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Posted on October 2, 2020 by Thiru 2021-03-24 · This proposal would temporarily suspend certain provisions of the Agreement on Trade-Related Aspects of Intellectual Property (TRIPS Agreement) for products related to COVID-19, including vaccines. The TRIPS Agreement provides for minimum standards of IPR protection, while at the same time providing for the possibility of compulsory licensing of patents under the conditions set out in the agreement, which particularly aim at providing flexibility in situations of national emergencies and extreme urgency such as the COVID-19 pandemic.
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supporting the TRIPS waiver is essential to end the COVID-19 pandemic. Despite ambitious language from world leaders on equitable and rapid distribution of 

Since countries have considerable discretion to define “unfair commercial use”, it is argued that countries can meet their obligations to protect test data by prohibiting “dishonest” use of On Friday, 16 October 2020, members of the World Trade Organization’s (WTO) TRIPS Council held a three hour debate on the proposal (IP/C/W/669) first tabled by India and South Africa for a waiver from certain provisions of the TRIPS Agreement for the prevention, containment and treatment of COVID-19. By Friday, Eswatini and Kenya emerged as co-sponsors of the TRIPS waiver proposal.