In this section you can find out what a good system of intellectual property would look like. The papers here highlight what needs to be done to create a good model that doesn’t negatively impact on public health. We have chosen these papers as they highlight good practices (what to do) and good models (what they look like).
Guidelines for the Examination of Pharmaceutical Patents:
Developing a Public Health Perspective
This paper provides a set of guidelines for assessing common types of pharmaceutical patent claims. It is concerned with the proliferation of patents that protect minor and obvious variants to existing drugs and processes. Even when such patents are weak or invalid, they can be used to prevent generic competition and reduce access to medicines. Countries can determine their own criteria for assessing patents consistent with public health strategies.
Author: Carlos Correa, Publisher: International Centre for Trade and Sustainable Development (ICTSD), Year: Jan 2007
Models for State Practices in Developing Countries, Access to Medicine and Compliance with the WHO TRIPS Accord
This booklet covers government authorization to use patents without the permission of the patent owner. Governments can authorize compulsory licenses for certain drugs for public health emergencies like HIV/AIDS, tuberculosis, malaria or other illnesses. The TRIPS accord permits governments to authorize the use of patents without permission from drug companies. Yet developing countries have not enacted good TRIPS-compliant state practice, due to expensive litigation and cultural reluctance to sue or be sued.
Authors: James Love, Publisher: Third World Network, Year: 2004
Guidelines on Patentability and Access to Medicines
This document provides guidelines to improve transparency and efficacy of patent examinations for pharmaceutical products. It addresses the link between intellectual property and public health, and the level of flexibility allowed in TRIPS agreements. It also looks at the role of national patent offices in improving access to medicines through their examination procedures.
Author: Germán Velásquez, Publisher: South Centre, Year: March 2015