Regional Seminar for Certain African Countries on the Implementation and Use of Several Patent-Related Flexibilities

Similar documents
Regional Seminar for Certain African Countries on the Implementation and Use of Several Patent-Related Flexibilities

Standing Committee on the Law of Patents Twenty-Sixth Session

Regional Seminar on the Effective Implementation and Use of Several Patent-Related Flexibilities

Topic 2: Patent-related Flexibilities in Multilateral Treaties and Their Importance for Developing Countries and LDCs

IPRs and Public Health: Lessons Learned Current Challenges The Way Forward

The TRIPS Tightrope public health, innovation, incentives and access

Intellectual Property

B) Issues to be Prioritised within the Proposed Global Strategy and Plan of Action:

Dr. Biswajit Dhar Professor, Jawaharlal Nehru University, India and Member DA9 Advisory Board

Carnegie Endowment for International Peace

TRAINING SEMINAR PHARMACEUTICALS AND INTELLECTUAL PROPERTY ACCESS TO MEDICINE: Exploitation of pharmaceutical patents: compulsory licences SESSION 4

PROTECTING INVENTIONS: THE ROLE OF PATENTS, UTILITY MODELS AND DESIGNS

International Patent Exhaustion

WIPO NATIONAL WORKSHOP FOR PATENT LAWYERS

TRIPS and Access to Medicines. WR Briefing

strong patents, weak patents and evergreening: should patents for drugs be challenged more often? Giancarlo Del Corno Studio Legale Sena e Tarchini

Establishing a Development Agenda for the World Intellectual Property Organization

UNITAID The HIV/AIDS Medicines Patent Pool Initiative Overview

Topic 2: The Critical Role of IP Policies in Modern Economies

Virtual Mentor American Medical Association Journal of Ethics December 2006, Volume 8, Number 12:

Flexibilities in the Patent System

COMPLIANCE OF CANADA S UTILITY DOCTRINE WITH INTERNATIONAL MINIMUM STANDARDS OF PATENT PROTECTION

TRIPS and Access to Medicines. The Story so far

WIPO REGIONAL SEMINAR ON SUPPORT SERVICES FOR INVENTORS, VALUATION AND COMMERCIALIZATION OF INVENTIONS AND RESEARCH RESULTS

WIPO Sub-Regional Workshop on Patent Policy and its Legislative Implementation

TRIPS Post Grant Flexibilities: Key Exceptions to Patent Holders' Rights. David Vivas Eugui

BIPF Munich. South Africa Enforcement of Pharmaceutical Patents and the New Draft IP Policy

An overview of India's approach to key IP issues at home and abroad. Dr. Bona Muzaka King s College London

Standing Committee on the Law of Patents

Enforcement Regulations of the Pharmaceutical Affairs Law

INTEGRATING INNOVATION AND CREATIVITY INTO NATIONAL POLICIES AND STRATEGIES OGADA T.

Standing Committee on the Law of Patents

Patent Examination system in Madagascar. Narisoa RABENJA Technical Manager

Access to Medicines, Patent Information and Freedom to Operate

Parallel Importation and the Exhaustion of Rights Principle under the TRIPS Agreement and the Doha Declaration

Nitya Nanda. The Energy and Resources Institute (TERI)

2.5.2 NON-DISCRIMINATION (ARTICLE 27.1)

Elements of a global strategy and plan of action

An Essential Health and Biomedical R&D Treaty

African Civil Society Meeting

WIPO Development Agenda

The 45 Adopted Recommendations under the WIPO Development Agenda

TRIPs & PATENTS. In 1899, Mr. Charles H. Duell, Director of US Patent office said Everything that can be invented, has (already) been invented.

Statement by the BIAC Committee on Technology and Industry on THE IMPACT OF INTELLECTUAL PROPERTY PROTECTION ON INNOVATION AND TECHNOLOGY DEVELOPMENT

Realizing Developmental Objectives of The IP System: LDC Priority Needs for Technical and Financial Cooperation Lao PDR Experiences

PROTECTION OF INTELLECTUAL PROPERTY

Counterfeit, Falsified and Substandard Medicines

PATENT PROTECTION FOR PHARMACEUTICAL PRODUCTS IN CANADA CHRONOLOGY OF SIGNIFICANT EVENTS

GENEVA WIPO GENERAL ASSEMBLY. Thirty-First (15 th Extraordinary) Session Geneva, September 27 to October 5, 2004

Future Directions in Intellectual Property. Dr Peter Tucker. General Manager, Business Development. and Strategy Group.

Regional Seminar for Certain African Countries on the Implementation and Use of Several Patent-Related Flexibilities

Innovation, Creativity, and Intellectual Property Rights

USTR NEWS UNITED STATES TRADE REPRESENTATIVE. Washington, D.C UNITED STATES MEXICO TRADE FACT SHEET

Patent Working Requirements Historical and Comparative Perspectives

Germany s contribution to the United Nations Secretary-General s High-Level Panel on Access to Medicines

Ethiopia s Accession to World Trade Organization (WTO): The Need to Reform Ethiopian Patent Law to Facilitate Access to Medicine PART I

SEMINAR: INTELLECTUAL PROPERTY ARRANGEMENTS: IMPLICATIONS FOR DEVELOPING COUNTRY PRODUCTIVE CAPABILITIES IN THE SUPPLY OF ESSENTIAL MEDICINES.

PATENT AND UTILITY MODELS

WORLD TRADE ORGANIZATION

p. 21 p. 45 p. 87 p. 89

Parliamentary Research Branch PATENT DEDICATION AND THE PATENTED MEDICINE PRICES REVIEW BOARD. Margaret Smith Law and Government Division

Presented at GIZ/SAWTEE Training on IPR 1-2 March 2012, Laltipur. Ratnakar Adhikari South Asia Watch on Trade, Economics and Environment

ORDER OF THE PRESIDENT OF THE PEOPLE'S REPUBLIC OF CHINA

LAW ON TECHNOLOGY TRANSFER 1998

INVENTION LAW OF THE DEMOCRATIC PEOPLE S REPUBLIC OF KOREA. Chapter 1 Fundamentals

AAAS Project on Science and Intellectual Property in the Public Interest

ROLE OF INTELLECTUAL PROPERTY RIGHTS IN DEVELOPING COUNTRIES -ASHWINI SANDU.

User Rights in Patent Law. Ofer Tur-Sinai IPSC, August 2011

PROJECT IMPLEMENTATION PROPOSAL INTELLECTUAL PROPERTY (IP) AND INFORMAL ECONOMY (RECOMMENDATION 34)

ARIPO s drive to strengthen Africa s innovation ecosystem

THE WIPO DEVELOPMENT AGENDA. New York February 2011

WIPO-IFIA INTERNATIONAL SYMPOSIUM ON THE COMMERCIALIZATION OF INVENTIONS IN THE GLOBAL MARKET

A Brief Introduction to the Regulatory Environment of Medical Device Supervision. CFDA Department of Legal Affairs Liu Pei

The importance for Oman of teaching IP law

IP Strategies to Enhance Competitiveness: India s Experience

Chapter 15: Access to essential medicines, TRIPS and the patent system

The Internationalization of R&D in India: Opportunities and Challenges. Rajeev Anantaram National Interest Project March 2009

The TRIPS Agreement and Patentability Criteria

Masanobu UEDA International Affairs Division Japan Patent Office

Slide 15 The "social contract" implicit in the patent system

Magdalena Krawczyk. Compulsory Licensing of Pharmaceuticals since the Doha Declaration a Public Health Triumph or Failure? Abstract.

THE SCIENTIFIC AND TECHNOLOGICAL PARK OF SENEGAL

A POLICY in REGARDS to INTELLECTUAL PROPERTY. OCTOBER UNIVERSITY for MODERN SCIENCES and ARTS (MSA)

Special Sectoral Report. Industrial property

Session 8: Maritime Safety and Security. Raymond Gilpin, Ph.D. Academic Dean. Impact through Insight

WTO NEGOTIATIONS ON TRIPS AND PUBLIC HEALTH: AN OVERVIEW. Jayashree Watal WTO Secretariat

CS 4984 Software Patents

Draft global strategy on public health, innovation and intellectual property

National Intellectual Property Systems, Innovation and Economic Development Framework for Country Analysis. Dominique Guellec

Introduction to IP: Some Basics of Patents, Trademarks, & Trade Secrets

FRAMEWORK ACT ON MARINE FISHERY DEVELOPMENT. [Enforcement Date: Nov. 28, 2009] [Act No. 9717, May 27, 2009, Other Laws and Regulations Amended]

COUNTRY REPORT Intellectual Property Philippines

Innovation Office. Intellectual Property at the Nelson Mandela University: A Brief Introduction. Creating value for tomorrow

THE INTERNATIONAL COMPETITIVENESS OF ECONOMIES IN TRANSITION THE UNTAPPED POTENTIAL: A CHALLENGE FOR BUSINESS AND GOVERNMENT BELARUS

What is Intellectual Property?

372 index. predominantly for supply of domestic market 113, 132 3, 184 5, 186; remedying anticompetitive

Academy of Scientific Research &Technology Egyptian Patent Office

Global strategy and plan of action on public health, innovation and intellectual property

TRIPS-Plus Provisions and Access to Technologies:

Developing Countries in the Globalization of Pharmaceutical Patenting

Transcription:

REPUBLIC OF SOUTH AFRICA Regional Seminar for Certain African Countries on the Implementation and Use of Several Patent-Related Flexibilities Topic 15: The Impact of National Exhaustion of Rights on the Economy Durban, South Africa January 29 to 31, 2013

REGIONAL SEMINAR FOR CERTAIN AFRICAN COUNTRIES ON THE IMPLEMENTATION AND USE OF SEVERAL PATENT-RELATED FLEXIBILITIES DURBAN, SOUTH AFRICA, JANUARY 29 T0 31, 2013 EXHAUSTION OF PATENT RIGHTS GHANA HELEN AKPENEAWO ZIWU PRINCIPAL STATE ATTORNEY REGISTRAR GENERAL S DEPARTMENT MINISTRY OF JUSTICE, ACCRA 2

Summary 1. Introduction Basic Economic facts of Ghana 2. Patents Legal Framework 3. Patents Rights and Exceptions Rights conferred by Patent Exceptions 4. Exhaustion of Patent Rights in Ghana National Exhaustion International Exhaustion 5. Conclusion 3

Introduction Basic Economic Facts Ghana is said to be one of the leading fastest growing economies in the world projected GDP growth for 2013 is 7.7% (African Economic Outlook) GDP - US39.2bn (2011 World Bank estimate). Ghana is predominately an agricultural economy - half of the country s workers engage in farming. Major industries/exports - cocoa, gold, oil and timber. Ghana in mid-december 2010 began the production of oil at its offshore Jubilee field in the western part of the country. 4

Introduction cont. To promote economic growth, the Government of Ghana s policies on trade, science, technology and health seek to advance innovative and research activities, enhance competition in trade and also reduce costs of medicines in the health sector in line with its millennium development goals and social obligations. Review of all Intellectual Property laws currently on-going. The importance of intellectual property system and the TRIPS flexibilities in making pharmaceutical products available to the public are indicated in the Ghana Pharmaceutical Country Profile (2012) (WHO) 5

Patents Legal Framework Current Law - The Patent Act, 2003 (Act 657) Patent under Ghanaian law means - the title granted to protect an invention a Products or Process, which are new, involve inventive step and are industrially applicable. Period of protection is 20 years Patent applications received in Ghana are mostly foreign applications. Patent applications are mostly for pharmaceutical products. 6

Patent Rights and Exceptions a. Rights conferred by Patent Section 11(2)(a) of the Patent Act: A patent grants the Patent holder exclusive rights to prevent others from: product: making, importing, offering for sale, selling and using the product; or stocking the product for the purposes of offering for sale, selling or using; a process: using the process; 7

Patent Rights and Exceptions b. Exceptions Patent Act provides exceptions to the rights - rights conferred do not extend to some activities of third parties such activities do not constitute infringement of the patent right. e.g.: Acts in respect of articles which have been put on the market in any country by the owner of the patent or with the owner's consent; or Acts done only for experimental purposes relating to a patent invention; etc. 8

Exhaustion of Patent Rights in Ghana Exhaustion of patent rights An exception to the patent rights granted TRIPS Post-grant flexibility 9

Exhaustion of Patent Rights in Ghana a. National Exhaustion Previous Patent Law - Section 30 (a) of Patent law of 1992 (PNDCL 305A) provided for a system of national level of exhaustion. The rights under the patent shall extend to acts in respect of articles which have been put in Ghana by the owner of the patent or with his express consent. A Patent holder s rights are exhausted only when he put his patented product on the Ghanaian market. The patent holder can oppose the importation of original goods marketed abroad based on the right of importation. This rendered parallel importation impossible, especially for lowpriced pharmaceutical products for the poor. 10

Exhaustion of Patent Rights in Ghana b. International exhaustion To meet all TRIPS obligations Article 6 of TRIPS Take advantage of its safe guards Paragraph 6 of Doha To promote access to medicines Declaration on the TRIPS Agreement and Public Health 1992 Law was reviewed changes introduced in the 2003 Act Section 11(4)(a) - The rights conferred under the patent shall not extend to - acts in respect of articles which have been put on the market in any country by the owner of the patent or with the owner's consent, 11

Exhaustion of Patent Rights in Ghana International Exhaustion The 2003 Act allows for the International exhaustion of patent rights. This means that the rights of the patent holder is deemed to be extinguished on first sale of the patent product in any country. The owner of a patent article in Ghana cannot oppose the importation by third parties of his own products previously sold in another country by himself or with his consent. any country indicates that the exhaustion of the patent holder s exclusive distribution rights also applies to products marketed with the holder s consent in countries where the products do not enjoy patent protection. 12

Exhaustion of Patent Rights in Ghana Impact (positive) This legalizes the parallel importation of lower-priced pharmaceuticals from other countries into Ghana access to cheaper drugs. Consumers will gain access to products they need from other countries. Access to basic inputs (pesticides & fertilizers) to agricultural production at lower prices improve poor farmer s incomes and livelihoods. 13

Exhaustion of Patent Rights in Ghana Impact (negative) Goods put in one market (country) with the consent of the owner may not stand the weather of another country and as a result compromise the quality and efficacy of the product. It creates the opportunity for the influx of sub-standard products.. 14

Exhaustion of Patent Rights in Ghana In terms of imports of pharmaceutical products, Ghana has provided solutions under its laws: Food and Drugs Board responsible for import control of pharmaceuticals (mandate) Importers require authorization to import medicine. Laws exist that allow sampling of imported products for testing. Require importation of medicines through authorized ports of the country. Inspection of the imported pharmaceutical products at the ports. * The above applies to importation of other products such as food and textiles. 15

Conclusion International exhaustion of patent rights or parallel importation will be rendered effective and useful if administrative, institutional and managerial structures are put in place and strengthened to ensure that substandard and counterfeited products do not enter the market. No court case on International exhaustions of patent rights. 16

>>>>>>>>>>>>>>>>>>>>>>>>> THANK YOU FOR YOUR ATTENTION! 17