WTO TRIPS Council (informal): South Africa’s interventions on COVID-19, TRIPS flexibilities, and domestic manufacturing capacity

On Friday, 19 June 2020, the World Trade Organization (WTO) convened an informal virtual Open-ended Meeting of the TRIPS Council. . The following statements were delivered by South Africa at the virtual open-ended informal meeting of the TRIPS Council. In… Continue Reading

While a major victory for Australia and public health, the WTO Appellate Body failed to address the legal status of the Doha Declaration

On June 9, 2020, the World Trade Organization (WTO) Appellate Body circulated its reports relating to the Australia – Tobacco Plain Packaging cases. The reports issued the decision regarding the appeals brought by Honduras and the Dominican Republic against the… Continue Reading

EU Trade Commissioner Phil Hogan issues statement on European Union compulsory licensing in context of COVID-19, makes important statement about TRIPS Article 31bis

On 14 May 2020, Bernd Lange, Chair of the European Parliament’s Committee on International Trade (INTA) wrote a letter to Phil Hogan (Commissioner for Trade, European Commission) on the “commercial aspects of intellectual property rights for medical products in the… Continue Reading

Open letter asking 37 WTO Members to declare themselves eligible to import medicines manufactured under compulsory license in another country, under 31bis of TRIPS Agreement

Background In 2001, the World Trade Organization (WTO) began negotiations on the rules regarding patents and access to medicine. While several issues were clarified and resolved in the November 2001 “Doha Declaration on TRIPS and Public Health”, the negotiations took… Continue Reading

WTO TRIPS Council discussions on the transparency of R&D costs and the pricing of medicines: The Good, The Bad, and The Ugly

In February 2020, the World Trade Organization (WTO) de-restricted the minutes of the TRIPS Council’s October 2019 session. While the official minutes (IP/C/M/93/Add.1) were circulated to WTO members on 9 December 2019, the October 2019 minutes were only available to… Continue Reading

FOIA: Records of USTR Lighthizer Bilateral Meetings at 2018 World Economic Forum in Davos

Through a Freedom of Information Act request, KEI has obtained records relating to US Trade Representative Ambassador Robert Lighthizer’s attendance at the 2018 World Economic Forum in Davos, Switzerland. While many of the records were related to scheduling and re-scheduling… Continue Reading

UNDP, Unitaid, and WHO caught in Big Pharma’s crosshairs

PhRMA’s Special 301 submissions are part of a yearly ritual to shape the “Special 301” Report, an annual review of the global state of intellectual property rights (IPR) protection and enforcement, conducted by the Office of the United States Trade… Continue Reading

WTO panel finds 2001 Doha Declaration on the TRIPS Agreement and Public Health is an agreement between members

The panel in a WTO dispute regarding Australia and plain packaging of tobacco products reached the conclusion that 2001 Doha Declaration on the TRIPS Agreement and Public Health has the status of an agreement that has modified the interpretation of… Continue Reading

WTO TRIPS Council (February 2018): South Africa’s statement on the regulatory review exception

On Tuesday, 27 February 2018, the representative of the Republic of South Africa delivered the following statement at the World Trade Organization’s TRIPS Council; South Africa delivered this statement under the agenda item on IP and the Public Interest: Regulatory… Continue Reading

Trade Policy Reviews

KEI page on the World Trade Organization’s (WTO) Trade Policy Reviews All members of the WTO are subject to review under the Trade Policy Review Mechanism (TPRM). The TPRM takes place in the “Trade Policy Review Body which is actually… Continue Reading