Please use this identifier to cite or link to this item: https://hdl.handle.net/10419/232238 
Year of Publication: 
2020
Series/Report no.: 
Research Paper No. 115
Publisher: 
South Centre, Geneva
Abstract: 
The continuous application of Special Section 301 by the Office of the United States Trade Representative (USTR) undermines the rule of law as a fundamental principle of a multilateral system based on the sovereign equality of states and the respect for international law. Interference with foreign countries’ national intellectual property (IP) policies—which have significant socio-economic effects—negates their right to determine independently the level and modalities of protection of such property within the framework and policy space allowed by the international law. This paper examines the patent-related claims made by the USTR in relation to the developing countries on the USTR Priority Watch List. It argues that the regulations and practices identified by the USTR show a legitimate use of the flexibilities provided for by the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), and that the ignorance of the public interests of the countries concerned (for instance, with regard to access to affordable medicines) has contributed to the discredit (and ineffectiveness) of the Special Section 301.
Subjects: 
Access to Medicines
Affordable Medicines
Algeria
Argentina
Biotechnological Products
Chile
China
Competition Law
Compulsory Licenses
Disclosure
Dispute Settlement
Evergreening
Flexibilities
GATT
Genetic Resources
India
Indonesia
Innovation
Intellectual Property
International Law
Multilateralism
Patent
Patent Examination
Patent Linkage
Patent Term
Patentability Criteria
Pharmaceuticals
sovereign equality
Traditional Knowledge
TRIPS
Unilateral Measures
United States (US)
United States Trade Representative (USTR)
US Special Section 301
USTR Priority Watch List
Venezuela
WIPO
World Intellectual Property Organization (WIPO)
World Trade Organization (WTO)
WTO
Document Type: 
Research Report
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