Now that the WTO members have finally been able to agree on a TRIPS ‘waiver’ for covid-19 at the 12th Ministerial Conference, it is time to critically evaluate this waiver decision. To start with, the only key waiver in this decision is in its paragraph 3(b) which permits an eligible member to waive Article 31(f)… Continue reading The TRIPS COVID ‘Waiver’ Decision: Rhetorical Action or Realistic Solution?
Hi everyone, This is just a quick announcement about my first monograph titled the Interface between Intellectual Property and Investment Law which has just been published by Edward Elgar. The book critically examines how investment tribunals (should) engage with the rules of international intellectual property law when resolving investment disputes involving intellectual property rights. If… Continue reading The Interface between Intellectual Property and Investment Law
Happy new year to you, dear reader. So, I have had the chance to quickly look through the intellectual property provisions of the EU-UK Trade & Cooperation Agreement (TCA). I read the version of the TCA that is available on the UK government’s website here dated 24 December 2020. The analysis below is based on… Continue reading Intellectual Property in the EU-UK (Brexit) Trade and Cooperation Agreement
Earlier this month, I blogged about the proposal submitted to the WTO’s TRIPS Council by India and South Africa. The proposal requests for the waiver of the obligations in the TRIPS Agreement on copyright, industrial designs, patents, and undisclosed information in relation to the prevention, containment, and treatment of COVID-19. This post is a follow-up… Continue reading Suspending TRIPS to Fight COVID-19? Part 2
One of the companies at the fore-front of developing a vaccine for COVID-19, Moderna, has pledged not to enforce its COVID-19 related patents during the pandemic. This is commendable. While recognising that ‘intellectual property rights play an important role in encouraging investment in research’, Moderna stated that: …there are other COVID-19 vaccines in development that… Continue reading Moderna Pledges Not to Enforce COVID-19 related Patents during Pandemic
India and South Africa have now submitted a proposal (dated 2 October 2020) to the WTO’s TRIPS Council requesting for the waiver of Sections 1 (Copyright), 4 (Industrial Designs), 5 (patents), and 7 (undisclosed information) of Part II of the TRIPS Agreement in relation to the prevention, containment, and treatment of COVID-19. The waiver would… Continue reading Suspending TRIPS to Fight COVID-19?
In this post, the last of a series on the recent decision of the WTO’s Appellate Body in the Australia – Plain Packaging case, I want to focus on how both the panel and the Appellate Body approached the issue of the legal status of the Doha Declaration on the TRIPS Agreement and Public Health of 2001. … Continue reading The Legal Status of the Doha Declaration on TRIPS and Public Health
This week, I continue with my analysis of the Appellate Body’s decision on the trademark issues in the Australia – Plain Packaging case. (For previous posts in this regard, see here and here). In this post, the focus will be on whether it is necessary to consider alternative measures when deciding whether an encumbrance is justifiable pursuant… Continue reading Is it Necessary to Consider Alternative Measures under Article 20 of the TRIPS Agreement?
Last week, I blogged about the recent decision of the WTO’s Appellate Body that upheld Australia’s tobacco plain packaging measures. While the Appellate Body largely agreed with the earlier interpretation of both Articles 16(1) and 20 of the TRIPS Agreement by a dispute settlement panel (hereinafter, panel), there are some notable differences in the way… Continue reading Does Article 20 of TRIPS require a Rigid & Exact Set of Factors to Determine Whether an Encumbrance is Unjustifiable?
The UN Committee on Economic, Social and Cultural Rights (CESCR) recently released the ‘Draft version 2’ of its General Comment on Article 15(1)(b) of the International Covenant on Economic, Social and Cultural Rights (ICESCR). This draft version is dated 2 January 2020. Article 15(1)(b) of the ICESCR recognises the right of everyone to ‘enjoy the… Continue reading The Draft General Comment on Science and Economic, Social, and Cultural Rights
Emmanuel Oke 