Intellectual Property in the Trans-Pacific Partnership: Increasing the Barriers for the Access to Affordable Medicines
Most free trade agreements signed by the United States, the European Union and the members of the European Free Trade Association (EFTA) in the last 15 years contain chapters on intellectual property rights with provisions applicable to pharmaceuticals. Such provisions considerably expand the rights recognized to pharmaceutical companies under the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) established in the context of the World Trade Organization. (more…)
Patent Protection for Plants: Legal Options for Developing Countries
The paper examines, first, the exclusion of patent protection for plants, including plant varieties, biological materials, and essentially biological processes for the production of plants. The legal implications of the right – recognized under the TRIPS Agreement – to exclude plants from patent protection are briefly discussed, as well as how the exclusion allowed by article 27.3(b) of said Agreement has been implemented at the national level and, particularly, whether it can be extended to parts and components of plants. (more…)
When Foreign Investors Sue the State
By Econews Africa
The investor-state dispute system, whereby foreign investors can sue the government in an international tribunal, is one of the issues being negotiated in the Trans-Pacific Partnership Agreement and other free trade agreements. In the recent public debate surrounding the Trans Pacific Partnership Agreement (TPPA), an issue that seems to stand out is the investor-state dispute settlement system (ISDS). It enables foreign investors of TPPA countries to directly sue the host government in an international tribunal. (more…)
Ratification of the Economic Partnership Agreement: The Case of Kenya
This Note looks at the Costs and Benefits of an EPA for Cameroon if it would ratify the interim-EPA.
The main benefit of the EPA would be the avoidance of duties that EU importers would have to pay. If Cameroon would fall back to EU GSP, these duties would amount to USD 42.5 million / year (top-30 exports under EU GSP). In the case of the GSP+, only two key products will face tariffs: bananas and malt extract/food preparation with low cocoa contents. (more…)
The EU-CARIFORUM EPA: Regulatory and Policy Changes and Lessons for Other ACP Countries
This note assesses the state of play of EPA implementation in the CARIFORUM region. It shows that the regulatory, legislative and policy changes necessary for EPA implementation in the areas of trade in goods and services are at varying stages of implementation among member states, with many countries being very far from fully implementing the agreement. (more…)