Studies, Analytical Reports & Briefing Papers
These papers provide an introduction to intellectual property issues for the general, non-specialised public.
4. Patents & Quaker Action.
(English) (pdf 419kb), (Arabic) (pdf 672kb)
3. Patents, Trade & Health.
(English) (pdf 288kb), (Arabic) (pdf 709kb)
2. Patents, Trade & Food.
(English) (pdf 339kb), (Arabic) (pdf 647kb)
1. Patents, Trade & Development.
(English) (pdf 338kb), (Arabic) (pdf 672kb)
In these papers, the authors examine a subject of importance to the development of the international intellectual property regime. The topics have been selected following consultations with a range of key actors, including negotiators from developing countries.
9. Food, Biological Diversity and Intellectual Property - The Role of the International
Union for the Protection of
New Varieties of Plants (UPOV),(English)
by Graham Dutfield, February 2011 (445 kb)
8. The Protection of Geographical Indications and the Doha Round: Strategic and Policy Considerations for Africa, Sisule Musungu, December 2008 (368 kb).
The study aims to inform the position of the African Group in the WTO GI negotiations. In particular, the study aims to generate objective evidence regarding issues such as
the availability of legal means to protect GIs in African countries, the costs and benefits of GI protection, African products that could benefit from GI protection, and technical assistance needs in this area.
7. A Conceptual Framework for Priority Identification and
Delivery of IP Technical Assistance for LDCs during the Extended Transition
Period under the TRIPS Agreement, Sisule Musungu, June 2007 (238 kb)
On 29 November 2005 the Council for Trade-Related Aspects of Intellectual Property Rights (Council for TRIPS) of the World Trade Organization (WTO) extended, until 1 July 2013, the transition period for the Least-developed countries (LDCs) to implement the TRIPS Agreement.This paper seeks to draw attention to the issues arising out of the extension decision with respect to technical assistance and provide ideas on how to conceptually think about the required assistance and how the priority assessment should be done.
6. World Trade Organization Accession Agreements: Intellectual Property Issues, Frederick M. Abbott, Carlos M. Correa, April 2007 (pdf 692kb).
property issues that arise in the context of
the accession process with a view toward
assisting prospective WTO Members involvednegotiating accession.
5. Rethinking innovation, development and
intellectual property in the UN: WIPO and beyond (English), Sisule F.
Musungu, September 2005 (pdf 648kb).
Focuses on how the mandates and
competencies of key UN institutions relevant to innovation, development and
intellectual property can be brought to bear in addressing the challenges of
the 21st century knowledge society.
4. Bilateral Agreements and a TRIPS-plus World. The Chile-USA Free Trade Agreement (English) (Español), Pedro Roffe, October 2004 (pdf ~545kb).
Contributes to a better understanding of TRIPS plus issues as found in the FTA and the lessons that can be drawn from the negotiations between the most powerful and technologically advanced country in the world and a small but dynamic developing country with an open and liberal economy.
3. Multilateral Agreements and a TRIPS plus World: The World Intellectual Property Organisation - WIPO (English) (Español) (Arabic), Sisule Musungu & Graham Dutfield, December 2003 (pdf ~365kb).
Discusses TRIPS-plus standards at the multilateral level particularly in WIPO, negotiations at WIPO, its mandate in relation to UN development goals, and its role in harmonising patent law standards.
2. Special & Differential Treatment of Developing Countries in TRIPS (English) (Arabic). Constantine Michalopoulos, October 2003 (pdf 223kb).
Analyses the special and differential treatment provisions in the TRIPS Agreement, assesses their implementation in support of development, and makes 10 recommendations for change.
1. Regional & Bilateral Agreements and a TRIPS-plus world: The Free Trade Area of the Americas (FTAA) (English) (Español), David Vivas-Eugui, August 2003 (pdf ~300kb)
Supplementary Table: Simple legal text comparison of the TRIPS Agreement and FTAA Draft IPRs Chapter (English) (pdf 291kb)
Provides an overview, based on intellectual property rights negotiations in the Americas, of some of the implications of regional and bilateral TRIPS plus agreements for the current minimum standards under TRIPS.
Occasional papers build upon the author's presentation at a dialogue organised by QUNO.
20. Intellectual Property and Biodiversity: Friend or Foe? Report of a Panel Discussion, 14 September 2011 (pdf 1.6 Mb).
19. Assessing the Development Impacts of Intellectual Property Negotiations,
Proposals, Reforms and Agreements: A concept note (English)
(Arabic), Graham Dutfield, February 2006 (pdf 144 kb).
18. Thinking Aloud on Disclosure of Origin (English), Graham Dutfield, October 2005 (pdf 253 kb).
17. Disclosure of origin and Access and Benefit Sharing: The special case of seeds for food and agriculture (English), Walter Smolders, October 2005 (pdf 240 kb).
16.The Politics and Practicalities of a Disclosure of Origin Obligation (English) (Arabic), Carlos Correa, January 2005 (pdf 286 kb).
Examines developing countries objectives and justifications for a DoO, practical issues, consistency with TRIPS and coherence in different negotiating fora.
15. Harmonisation or Differentiation in Intellectual Property Protection? The Lessons of History (English), Graham Dutfield and Uma Suthersanen, August 2004 (pdf 88kb).
Discusses harmonisation in a dynamic historical context, the issues at stake, experiences from business history in Germany, Switzerland, India, Japan and the Asian Tigers, the USA and their implications.
14. The Doha Declaration on the TRIPS Agreement and Public Health and the Contradictory Trend in Bilateral and Regional Free Trade Agreements (English), Frederick Abbott, April 2004 (pdf 232kb).
Examines contradictory trends to those achieved in the Doha Declaration on TRIPS and Public Health, particularly in CAFTA and the Morocco and Australia FTAs.
13. Trade Diplomacy, the Rule of Law and the Problem of Asymmetric Risks in TRIPS (English), Frederick Abbott, September 2003 (pdf 31kb).
Discusses political and legal responses to, pressures that may undermine implementation of the paragraph 6 decision.
12. Establishing a Disclosure of Origin Obligation in the TRIPS Agreement (English), Carlos Correa, August 2003 (pdf 64kb).
Discusses the purposes of DoO, national and international precedents, the scope of an obligation and discharging it, and the issues arising in TRIPS.
11. Non-Violation Nullification or Impairment Causes of Action under the TRIPS Agreement and the Fifth Ministerial Conference: A warning and reminder (English), Frederick Abbott, July 2003 (pdf 23kb).
Warns that non-violation and article 64.3 of TRISP should not be overlooked and explains why.
10. Negotiating Intellectual Property: Mandates and Options in the Doha Work Programme (English), Jonathan Hepbum, November 2002 (pdf 309kb).
Draws together the aoutstanding areas for action in WTO, examines lessons from the review of Article 27.3 (b) of TRIPS, related issues in WIPO and bilateral and regional institutions.
9. Compulsory Licensing for Public Health Needs: The TRIPS Agenda at the WTO after the Doha Declaration on Public Health (English),
Frederick Abbott, February 2002 (pdf 366kb).
Provides a detailed examination of ways to implement paragraph 6 of the Doha Declaration on TRIPS and Public Health including Article 30 & 31 based solutions.
8. Geographical Indications and TRIPS (English), Michael Blakeney, November 2001(pdf 287kb).
Discusses definition of GIs, approaches under national laws, international protection, bilateral and plurilateral agreements, and policy issues arising under TRIPS.
7. The TRIPS Agreement, Access to Medicines & the WTO Doha Ministerial Conference (English), Frederick Abbott, September 2001 (pdf 520kb).
Examines the relations between access to medicines and TRIPS including discussion of compulsory licensing, parallel importation, TRIPS Articles 7 & 8, patents, trademarks and copyright, data protection, the HIV/ADIS pandemic, and possible actions in Doha.
6. Some Assumptions on Patent Law and Pharmaceutical R&D (English), Carlos Correa, June 2001(pdf 230kb).
Discusses public involvement in R&D, efficiency, medicines for the poor, patent protection in developing countries, and patents and innovation.
5. TRIPS Disputes: Implications for the Pharmaceutical Sector (English), Carlos Correa, June 2001, (pdf 259kb).
Examines the subjects of disputes, relationship between TRIPS and GATT, principles of interpretation, object and purpose of TRIPS, interpreting domestic law, discrimination vs differentiation, interpretative approaches, and impending cases.
4. Exploring the Hidden Costs of Patents (English), Stuart Macdonald, May 2001, (pdf 299 kb).
Discusses patents in practice, who benefits, the difference between invention and innovation, who sues patents and effects of strengthening the system, especially on the weak, and the costs of patents through illusion and distortion.
3. Generic Drugs, Compulsory Licensing & other Intellectual Property Tools for Improving Access to Medicine (English), Michael Gollin, May 2001, (pdf 219kb).
Discusses common goals, a practical approach, the life cycle of a drug, an IP decision tree for access to drugs, differential pricing, and national legislation under TRIPS.
2. Micro-organisms, Definitions and Options under TRIPS. (English),
Margaret Llwewlyn & Mike Adcock, November 2000 (pdf kb).
Examines a variety of scientific and legal definitions of micro-organisms, the role of lawyers, alternatives under TRIPS, and possible options.
1. Trade-Offs and Trade Linkages: TRIPS in a Negotiating Context (English), Peter Drahos, September 2000 (pdf kb).
Discusses a practical economics of IP, trade gains and loses, lessons for developing countries from the Uruguay Trade Round and the future for TRIPS.
Discussion papers are written for trade negotiators and policy makers responsible for analysing and assessing the impact of intellectual property on particular sectors.
4. Food Security, Biotechnology & Intellectual Property: Unpacking some Issues around TRIP (English) (Español), Geoff Tansey, July 2002 (pdf ~195).
Discusses biotechnology and the minimum standards of intellectual property rights required of Members of the World Trade Organisation and affects on food security.
3. Sui Generis Systems for Plant Variety Protection: Some Options under TRIPS (English) (Español), Biswajit Dhar, April 2002 (pdf ~145kb).
Examines history of and legal options available under sui generis systems in TRIPS for plant variety protection, in particular UPOV, Indian and Namibian approaches, and their likely impact on farming communities.
2. Traditional Knowledge & Intellectual Property: Issues and Options Surrounding the Protection of Traditional Knowledge
(Español), Carlos Correa, November 2001 (pdf ~200kb).
Outlines policy issues surrounding the protection of Traditional Knowledge in TRIPS and other international fora.
1. Trade, Intellectual Property, Food & Biodiversity. Key Issues & Options for the 1999 review of Article 27.3(b) of the TRIPS Agreement.
(Svensk), Geoff Tansey, February 1999 (pdf ~150kb)
Examines ethical, economic, environmental and social issues related to food security and the TRIPS Agreement.
3. TRIPS-Related Patent Flexibilities and Food Security - Options For Developing Countries (English) (Español) (Français), Carlos Correa, October 2012 (pdf 490 kb)
2. Governance Processes in Negotiating
Intellectual Property at the UN and WTO, Martin Watson, in Trocaire Annual Development Review 2006 (pdf 84kb)
1. Disclosure requirements: ensuring mutual supportiveness between the WTO
TRIPS Agreement and the CBD (English), CIEL, ICTSD, IDDRI, IUCN and QUNO,
November 2005 (pdf 685 kb).
Contains a series of policy briefs with diverse
opinions about the incorporation of a disclosure of origin of genetic
recourses and traditional knowledge in patent applications in the TRIPS
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