CJEU Ruling on Truvada recalls ‘evergreening’ goes against public health interests

On 25th July 2018, the Court of Justice of the European Union (CJEU) rendered its preliminary ruling on the interpretation of Article 3(a) of Regulation...

EU Review of Pharmaceutical Incentives: Recommendations for Change

In 2016, the European Council decided it was time for a review of the incentives that the EU provides to companies that develop new...

Proposed TRIPS waiver a hollow diplomatic compromise with little practical impact

In October of 2020, 9 months into the pandemic, fearing conflicts over intellectual property (IP) related to medical measures to fight the pandemic,  India...

WTO Covid-19 TRIPS Decision: Some observations

This morning, 17 June at 5 AM the 12th World Trade Organization (WTO) Ministerial Conference (MC12) approved a package of decisions and declarations. The...

How patents, data exclusivity and SPCs interact to extend market exclusivity of medicines: the...

Patents usually confer 20-year exclusive rights on inventions. Data exclusivity laws confer, depending on the country, 5 to 10 years’ exclusive rights over safety...

Continuing to ignore the problem of the know-how gap won’t make it go away.

The Covid-19 pandemic was a wake-up call for a variety of issues in access to medicines, one of which was finding a solution to...

Current drafts of the WHO Pandemic Accord lack a provision for access to knowhow/trade...

Negotiations are currently taking place at the World Health Organization (WHO) to conclude a new pandemic agreement by May 2024. The objective of the...

The last mile: A few suggestions for the WHO Pandemic Agreement’s last two weeks...

This technical briefing note is also available as a PDF here. On 16 April, the Bureau of the Intergovernmental Negotiating Body (INB) to draft and...

The EU proposed Covid waivers of certain TRIPS rules are mostly meaningless

Since October 2020, discussions have been ongoing at the World Trade Organization’s Trade-Related Aspects of Intellectual Property Rights (TRIPS) Council about a waiver of...

What is the ‘know-how gap’ problem and how might it impact scaling up production...

This entire article is also available as a PDF by clicking here. 1. Introduction. How relevant are concerns about intellectual property rights causing problems for...