Introduction: What does it mean to ‘give effect’ to the provisions of the TRIPS Agreement? What does it mean to ‘give effect to’ the provisions of the TRIPS Agreement? That is the key question at the centre of the dispute between the EU and China at the WTO regarding anti-suit injunctions in standard essential patents… Continue reading EU vs. China: SEPs, FRAND, and the Territoriality of IP Rights at the WTO
India’s patent regime is in the news again. This time, there have been reports that the Indian government has ‘privately assured’ the US-India Business Council (USIBC) that ‘ it would not use Compulsory Licenses for commercial purposes.’ To be sure, the Indian government, through its Ministry of Commerce and Industry, has issued a ‘clarification‘ to the… Continue reading Framing India’s Alleged Assurances on Compulsory Licences as a Human Rights Issue
In a press release published on its website today, GSK has announced a series of measures that, if implemented, could help to improve access to medicines in developing countries. According to GSK, it is ‘evolving its graduated approach to filing and enforcing patents so that IP protection reflects a country’s economic maturity.’ Essentially, under this graduated… Continue reading GSK’s Plan to Improve Access to Medicines in Developing Countries
There is no human right to patent protection. Or as the Special Rapporteur in the field of cultural rights, Farida Shaheed, aptly puts it in her recent report, ‘There is no human right to patent protection under article 15 of the International Covenant on Economic, Social and Cultural Rights.’ It is hoped that this recent… Continue reading There is No Human Right to Patent Protection
Emmanuel Oke 