[Pharm-policy] Carlos Correa's book on patent lawsw

[James Love]

I've also seen this excellent book, and recommend it as esssential reading for those working on access to essential medicines.  Jamie

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Subject:  RE: Carlos Correa book on Integrating Public Health concerns into
        Patent Legislation in developing Countries
   Date:  Mon, 27 Nov 2000 14:50:56 -0500
   From:  richardl@bu.edu
     To:  E-Drug@usa.healthnet.org
    CC: love@cptech.org

I have just received a final version of this very useful book. This
publication provides information for countries as to the options open to
them to incorporate public health into national patent legislation.

In many places the book provides options of language that could be used by
countries in their national legislation. I feel sure that this small book
will be an invaluable aid not Ministries of Health and to government lawyers
struggling to draft TRIPS compliant national legislation by 2005 or 2006.

Here is the Press release about the book:
 NEWS  RELEASE

PATENT LAW MUST BE TRIPS AND PUBLIC-HEALTH-SENSITIVE 

Geneva, 10 November -- Legislative reform and design of patent laws in
developing countries to bring them into conformity with the WTO Agreement on
Trade-Related Aspects of Intellectual Property Rights (TRIPS) must be
responsive to health policy objectives, particularly the needs of the poor,
says a new study released today by the South Centre.

The study, "Integrating Public Health Concerns into Patent Legislation in
Developing Countries" has been prepared by Prof. Carlos Correa, a well-known
lawyer and economist on intellectual property issues. The study shows that
various options exist for developing countries in formulating their national
legislation in line with the provisions of TRIPS.

The TRIPS Agreement has introduced a new and important international
framework for IPRs - which in turn has important implications for the health
sector, the study points out. While setting out detailed obligations in
respect of the protection of inventions, the Agreement, however, does not
establish a uniform international law nor even uniform legal requirements. 

"WTO member countries are obliged to comply with the minimum standards of
the TRIPS Agreement ," says Prof. Correa. "But they also have considerable
room to develop their own patent and other intellectual property laws in
response to the characteristics of their legal systems and developmental
needs. In implementing the TRIPS provisions, the WTO Member countries may
legitimately adopt regulations that ensure a balance between the minimum
standards of IPR protection the public good."

In presenting the options for the design and implementation of
public-health-sensitive patent policies in developing countries, the study
examines approaches to selected issues in patent law that may help to strike
a balance between public and private interests involved in the protection of
health-related inventions, including those of States, patients, and the
suppliers of health-related goods and services. 

The study looks into issues relating to the patentable subject matter, the
scope of claims, patentability requirements, special cases in
pharmaceuticals, disclosure, exceptions to exclusive rights, and compulsory
licensing. 

"Public health goals can be significantly advanced through North-South
co-operation, involving both the public and private sectors, through
official assistance, licensing of technology, joint ventures and other
modalities," says Prof. Correa . "The climate, scope and effectiveness of
such co-operation, however, can be significantly advanced if developed
countries abandoned the use of unilateral actions for obtaining the
protection of commercial interests of their patent holders in developing
countries. International co-operation in this area should recognise the
fundamental right of any person to have access to basic health care, and the
corresponding obligation of governments to protect and promote public
health."


I was pleased to see that the material is not copyrighted and can be
reproduced. The publication is available from South Centre, 17 Ch. du
Champ-d'Anier, POB 228, 1211 Geneva 19 Switzerland.
Fax 41 22 798 8531. Email south@southcentre.org  WWW
http://www.southcentre.org

The material is also available on the Web at
 http://www.southcentre.org/publications/publichealth/toc.htm

There is anothe short paper on Compulsory Licensing on the South site as
well 
http://www.southcentre.org/publications/complicence/toc.htm

Richard Laing
Associate Professor of International Health
Boston University School of Public Health
715 Albany St, T4W, Boston MA 02118 USA
Tel 617 414-1444 Fax 617 638-4476
E-mail richardl@bu.edu
> 


-- 
James Love  <love@cptech.org>  http://www.cptech.org
Consumer Project on Technology, P.O. Box 19367, Washington, DC 200036
voice 1.202.387.8030 fax 1.202.234.5176