[Ip-health] Yale / Harvard submission re. S. Africa's proposed IP Framework

Kapczynski, Amy amy.kapczynski at yale.edu
Fri Sep 30 08:24:16 PDT 2016


As many on this list know, South Africa’s Department of Trade and Industry recently released a Draft IP Consultative Framework, seeking comments.  I attach here a set of comments that we submitted this week, in conjunction w/ Aaron Kesselheim at Harvard (and with valuable input from some members of this list!).

The submission focuses on the importance of acknowledging the governing role that human rights plays in the shape of the new patent policy; on the importance of several flexibilities that should be included in the final policy (including substantive search and examination, strong provisions on patent scope and inventive step, and strong exceptions in areas such as government use, using the US’s 28 USC 1498 as an example).     

Best
Amy



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