Day October 7, 2020

Multilateral Matters #7: The draft Protocol on Intellectual Property Rights to the African Continental Free Trade Agreement (AfCFTA): Annotations on Genetic Resources, Traditional Knowledge and Cultural Expressions

[Wend Wendland] The continent-wide free trade zone created by the Agreement Establishing the African Continental Free Trade Area (the AfCFTA) has the potential to catalyse intra-African trade, boost economic development and lift tens of millions of Africans out of poverty. From a trade and development perspective, the AfCFTA advances a fresh trade model focused on inclusive and sustainable development. In recognizing the centrality of intellectual property (IP) protection in today’s economy, and the benefits of continental cooperation on IP, the AfCFTA will include a Protocol on IP, an early draft of which has been published. Finalization of the IP Protocol holds the promise of a home-grown, single, coherent and Africa-centred IP regime. This could harmonize the fragmented IP landscape of today while safeguarding national policy space on key issues, strengthen the hands of African negotiators in international forums and even help propel currently deadlocked international negotiations towards the finish line. This blog post examines the elements of the draft Protocol related to genetic resources, traditional knowledge and traditional cultural expressions (expressions of folklore). It is too soon to tell whether the IP Protocol will realise its promise and advance the policy objectives, principles and transformative potential of the AfCFTA. Future drafts of the Protocol will be followed closely by “Multilateral Matters”.

Action at the WTO is needed to accelerate research, development, manufacturing and supply of medical products to combat Covid-19: Proposal from India and South Africa

[Viviana Munoz Tellez] India and South Africa are calling for the WTO Members to agree to waive some of the obligations on protection and enforcement of patents and other intellectual property rights during the Covid-19 pandemic. The South Centre encourages all WTO Members to support the proposal in the upcoming TRIPS Council meeting on 10-11 October 2020 to forward a request to the General Council for the adoption of the decision text.

The TRIPS Council on 15-16 October should agree to extend the transition period that exempts Least Developed Countries from implementation of the WTO TRIPS Agreement

[Nirmalya Syam] The least developed country (LDC) members of the World Trade Organization (WTO) have submitted a request to the upcoming session of the TRIPS (Agreement on Trade-Related Aspects of Intellectual Property Rights) Council for an extension of the transition period available to LDC members under Article 66.1 of the TRIPS Agreement, for as long as they remain LDCs, and for an additional period of 12 years following their official graduation from the LDC category as determined by the United Nations (UN) General Assembly.