Patent Law and International Development (LDCs)

There is a list of countries within the World Trade Organization (WTO) which have been designated “Least Developed Countries” (LDCs) – those whose infrastructure is so weak or poverty so high that they cannot be held to the same international standard as the rest of the economically active nations.This causes friction in the area of patent law due to sometimes-necessary patent infringements in the fields of healthcare or development, for the sake of human lives. Multiple international organizations hold differing stances on the proper approach to these issues, but at present the WTO has accepted a waiver on holding LDCs accountable for various patent infringements, specifically those relating to pharmaceuticals. Recently, LDCs have requested that the waiver, instead of expiring and requiring renewal, be made indefinite – which essentially cuts any patent protection for pharmaceutical companies in LDCs, until such a time that any country is no longer considered on that list.

Full article: http://www.ip-watch.org/2015/02/25/wto-least-developed-countries-request-waiver-of-ip-rights-on-pharma-products/

For anyone who really wants to take a closer look, here’s a report from UNCTAD on exceptions to patent rights (not limited to pharma) in LDCs:  http://unctad.org/en/Docs/iteipc200612_en.pdf

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