During the 3rd Peoples Health Assembly, to be hosted in Cape Town from 6 Р11 July, the Treatment Action Campaign and M̩decins Sans Fronti̬res will look at the use of TRIPS flexibilities in key developing countries РSouth Africa, India and Brazil.
As members of the World Trade Organisation, South Africa, India and Brazil are all required to provide protection of intellectual property in line with the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS). However, each country has flexibility under TRIPS to adopt provisions in their national law in order to balance the protection of health with the protection of intellectual property.
This workshop will compare how each country has interpreted TRIPS in its national legislation and how this has impacted on health and medicine access. Some of the features of each country’s patent laws that will be examined include: standards of patentability; examination and opposition procedures; and compulsory licensing provisions.
Additionally, we will look at the ongoing pressure faced by these countries not to use TRIPS flexibilities and how activists have fought back and, in some cases, won provisions in their law to protect health. The workshop will look at ongoing efforts of activists in these countries to improve medicine access by fully utilising flexibilities and the possibility for international collaboration and pressure.
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