IPRs serving innovation

BioVision 200812-16 April

Bibliotheca Alexandrina

Ahmed Abdel Latif

International Centre for Trade and Sustainable Development

(ICTSD)

The changing landscape of the global IP architecture Proliferation of fora and processes addressing IPR issues beyond the WTO/TRIPS and WIPO

(WHO, ITU, G8, FTAs..etc).

Increasing complexity of IP rules and linkages

Drive towards TRIPS-plus standards

Increased participation of developing countries and civil society in the global IP system as well as related debates and norm setting

Steps towards a more balanced and inclusive global IP system that is fully supportive of public policy objectives and is takes into consideration different levels of development and socio-economic circumstances (Doha Declaration on TRIPS and Public Health/WIPO Development Agenda)

The Knowledge Revolution..New tools to disseminate knowledge, promote creativity and innovation (Open Source collaborative Models, Wikinomics, Creative Commons etc..)

New challenges(Climate change, standards etc..)

IPR serving innovation

Or.. to which extent the way the IPR system operates serves innovation?

Diversity of views : Within countries At the international level Across industry and civil society Within academia

US debate on the effectiveness of the patent system in promoting innovation (1)

Report of the Federal Trade Commission: To promote innovation: the proper balance of competition and patent law and policy, (2003)

Report of the National Research Council: A Patent System for the 21st Century, (2004)

Patent Reform Act 2007

US debate on the effectiveness of the patent system in promoting innovation (1)

Effectiveness of patent system in promoting innovation challenged by:

Petty patents or bad quality patents

Patent thickets

High cost of patent litigation

Debate within academia on the role of the patent system in promoting innovation (2)

Innovation and its Discontents: How our broken patent system is endangering innovation and progress and what to do about it, by Adam.B Jaffe and Josh Lerner,(2004)

Innovation Without Patents: Harnessing the Creative Spirit in a Diverse World, edited by Uma Suthersanen, Graham Dutfield and Kit Boey Chow, (2007)

Debate at the international level on the role of the IP system in promoting innovation (3)

The Development Agenda process at WIPO The work on IP, innovation and public health at

WHO The TRIPS Agreement

The Development Agenda process at WIPO (1)

The initiative to establish a Development Agenda for WIPO (WO/GA/31/11) was presented by Argentina, Bolivia, Brazil, Cuba, Dominican Republic, Ecuador, Egypt, Iran, Kenya, Peru, Sierra Leone, South Africa, Tanzania and Venezuela and was widely supported by developing countries at the 31st session of the WIPO General Assembly (Sept.2004)

The goal of the initiative was to reorient WIPO towards its original goal of promoting creativity and innovation as IP is a means to an end and not an end in itself. It was also to make WIPO promote a more balanced IP system, which takes into consideration different levels of development and encourages use of flexibilities.

After more than two years of discussions, and proposals presented by many countries, 45 recommendations were adopted by the WIPO General Assembly in 2007, 19 for immediate implementation and 26 for which a work program should be developed (+).

A Committee on Development and IP (CDIP) was established to develop a work program for implementation of the adopted recommendations and to monitor, assess, discuss and report on the implementation of all recommendations adopted

The first meeting of the CDIP took place from 3rd to 7th of March 2008.

Recommendations of the WIPO Development Agenda relevant to innovation (2)

11. To assist Member States to strengthen national capacity for protection of domestic creations, innovations and inventions and to support development of national scientific and technological infrastructure, where appropriate, in accordance with WIPO’s mandate.

19. To initiate discussions on how, within WIPO’s mandate, to further facilitate access to knowledge and technology for developing countries and LDCs to foster creativity and innovation and to strengthen such existing activities within WIPO

23. To consider how to better promote pro-competitive IP licensing practices, particularly with a view to fostering creativity, innovation and the transfer and dissemination of technology to interested countries, in particular developing countries and LDCs. (+)

26. To encourage Member States, especially developed countries, to urge their research and scientific institutions to enhance cooperation and exchange with research and development institutions in developing countries especially LDCs

36. To exchange experiences on open collaborative projects such as the Human Genome Project as well as on IP models. (+)

The work on IP, innovation and public health at WHO (1)

In 2004, WHO tasked an independent commission with analysing the relationship between intellectual property rights, innovation and public health (WHO Commission on Intellectual Property Rights, Innovation and Public Health)

The WHO Commission's report was published in April 2006, raising global awareness of problems around innovation and access to health products, especially in the developing worldIt concluded that intellectual property rights provide important incentives for the development of new medicines and medical technologies

However, intellectual property rights do not provide an effective incentive when patient populations are small or poor

The work on IP, innovation and public health at WHO (2)

In May 2006, the World Health Assembly adopted resolution WHA59.24 requesting the DG to convene a meeting of an Intergovernmental Working Group open to all interested Member States to draw up a global strategy and plan of action in order to provide a medium-term framework based on the recommendations of the WHO Commission on Intellectual Property Rights, Innovation and Public Health.

In accordance with resolution WHA59.24, the IGWG will:- draw up a global strategy and plan of action that aims at, inter alia, securing an enhanced and sustainable basis for needs-driven, essential health research and development relevant to diseases that disproportionately affect developing countries;-submit the final global strategy and plan of action to the 61st World Health Assembly in May 2008 through the Executive Board.

The draft global strategy is designed to promote innovation, build capacity and improve access.

The work on IP, innovation and public health at WHO (3)

Some of the complementary mechanisms considered in the context of the IGWG to promote innovation in the area of health and medical R&D:

Patent pools Prizes Public Private Partnerships (PPPs) Open source schemes Medical R&D Treaty

The TRIPS Agreement and innovation

Article 7 of the TRIPS Agreement on Objectives“The protection and enforcement of IPRs should contribute to the promotion of technological innovation and the transfer and dissemination of technology, to the mutual advantage of producers and users of technological knowledge, and in a manner conducive to social and economic welfare, and to a balance of rights and obligations”

The Doha Declaration on TRIPS and Public Health (2001)

TRIPS/CBD relationshipProposal to establish a mandatory disclosure of origin requirement in patent applications gaining momentum at the WTO

Options for developing countries

Capacity building for more effective use of the IP system

Use of flexibilities and innovation mechanisms

Greater engagement at the national and global level

Capacity building for more effective use of the IP system (1)

Which type of capacity building?

Institutional capacity Human resources Technical : management of IPRs Policy : design of IP policies in relation to public policy

objectives and levels of development Beyond IP: Scientific research, technology transfer and

competition

Use of flexibilities and innovation mechanisms (2)

Use of flexibilities is an integral part of the IP system

Doha Declaration on TRIPS and Public Health (2001)

Patentability criteria (novelty requirement)

Consideration of innovation models through:- prizes- PPPs - utility models for lower levels of inventive activity

Greater engagement (3)

At the national level:

Greater involvement of industry and civil society in order to achieve balanced IP policies which promote innovation while address societal needs

At the global level:

Greater involvement in global public policy debates on knowledge, technology and innovation

Conclusion

The era of the “one size fits all” approach in IP may be coming to an end

This requires creative approaches and partnerships to address the challenges of innovation particularly in areas such as public health and medical R&D or climate change

Thank you

aabdellatif@ictsd.ch