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    Pharma Backs Calls For Extension Of TRIPS Deadline For Least-Developed Countries

    Published on 10 February 2011 @ 9:14 pm

    By , Intellectual Property Watch

    Developed country pharmaceutical companies today announced their support for an extension of the deadline for poor countries to comply with a global trade agreement on intellectual property rights that would significantly raise their obligations to protect IP. The extension idea has been proposed by the United Kingdom government in a new trade strategy document.

    The Geneva-based International Federation of Pharmaceutical Manufacturers & Associations (IFPMA) said in a release that the research-based pharmaceutical industry supports calls to extend the deadline for least-developed countries to comply with the provisions of the World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).

    TRIPS was concluded in 1994 and went into effect immediately on 1 January, 1995 for developed countries. Least-developed countries had a transition period of 10 years, until 2005, to comply. Despite resistance from some developed countries, in 2005 least-developed countries were extended to 2013. It had previously been extended until 2016 for pharmaceutical products (IPW, WTO/TRIPS, 29 November 2005).

    Now there is discussion about giving the poorest countries even more time to adopt TRIPS. A number of least-developed countries have requested technical assistance in adopting laws to match TRIPS, but it is questionable whether many would meet the 2013 target. The proposal comes in the context of new momentum in the ongoing Doha Round of trade negotiations at WTO.

    The UK government proposed the extension in a new trade and investment strategy paper issued this month [pdf, Section 3.88, p. 68].

    Once the deadline arrives for countries, they are expected to have implemented TRIPS and can be challenged by other members if they feel it is not adequately done. Since implementing TRIPS, India has seen challenges by foreign pharmaceutical companies at its national level for its implementation of TRIPS, but not yet at the WTO level. India meanwhile has started its own WTO dispute against the European Union for a law that led to seizures of legitimate generics from India.

    “We recognize the significant development challenges experienced by least-developed countries, and believe that an extension would be useful to allow for effective TRIPS implementation,” said David Brennan, president of the IFPMA and CEO of AstraZeneca. “Such an extension should be used to align implementation across all areas of technology, to ensure a consistent approach.”

    “Our industry continues to believe that effective intellectual property rights are a crucial component of long-term economic development within these countries, and international organizations and national bodies should continue to provide technical assistance, based on specific in-country needs,” he said.

    William New may be reached at wnew@ip-watch.ch.

     

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    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website. By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website.

    By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    1. You agree that you are fully responsible for the content that you post. You will not knowingly post content that violates the copyright, trademark, patent or other intellectual property right of any third party or which you know is under a confidentiality obligation preventing its publication and that you will request removal of the same should you discover that you have violated this provision. Likewise, you may not post content that is libelous, defamatory, obscene, abusive, that violates a third party's right to privacy, that otherwise violates any applicable local, state, national or international law, that amounts to spamming or that is otherwise inappropriate. You may not post content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification. Epithets and other language intended to intimidate or to incite violence are also prohibited. Furthermore, you may not impersonate others.

    2. You understand and agree that Intellectual Property Watch is not responsible for any content posted by you or third parties. You further understand that IP Watch does not monitor the content posted. Nevertheless, IP Watch may monitor the any user-generated content as it chooses and reserves the right to remove, edit or otherwise alter content that it deems inappropriate for any reason whatever without consent nor notice. We further reserve the right, in our sole discretion, to remove a user's privilege to post content on our site. IP Watch is not in any manner endorsing the content of the discussion forums and cannot and will not vouch for its reliability or otherwise accept liability for it.

    3. By submitting any contribution to IP Watch, you warrant that your contribution is your own original work and that you have the right to make it available to IP Watch for all purposes and you agree to indemnify IP Watch, its directors, employees and agents against all damages, legal fees and others expenses that may be incurred by IP Watch as a result of your breach of warranty or of these terms.

    4. You further agree not to publish any personal information about yourself or anyone else (for example telephone number or home address). If you add a comment to a blog, be aware that your email address will be apparent.

    5. IP Watch will not be liable for any loss including but not limited to the following (whether such losses are foreseen, known or otherwise): loss of data, loss of revenue or anticipated profit, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties, any indirect, consequential or exemplary damages.

    6. You understand and agree that the discussion forums are to be used only for non-commercial purposes. You may not solicit funds, promote commercial entities or otherwise engage in commercial activity in our discussion forums.

    7. You acknowledge and agree that you use and/or rely on any information obtained through the discussion forums at your own risk.

    8. For any content that you post, you hereby grant to IP Watch the royalty-free, irrevocable, perpetual, exclusive and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content in whole or in part, world-wide and to incorporate it in other works, in any form, media or technology now known or later developed.

    9. These terms and your posts and contributions shall be governed and interpreted in accordance with the laws of Switzerland (without giving effect to conflict of laws principles thereof) and any dispute exclusively settled by the Courts of the Canton of Geneva.