[Ip-health] New research synthesis on patentability criteria in the pharmaceutical sector

Marcela Vieira marcelacfvieira at gmail.com
Tue Mar 10 04:36:53 PDT 2020

Dear all,
(apologies for cross-posting)

We would like to share with you a new research synthesis on patentability
criteria in the pharmaceutical sector. It can be accessed at

The Trade-Related Aspects of Intellectual Property Rights Agreement (‘TRIPS
Agreement’) sets out basic patentability criteria, but countries have
policy space to decide how these criteria are defined and applied at the
national level, an important "TRIPS flexibility" that can be used to
balance private and public interests. Governments have adopted different
practices with respect to patentability criteria, mostly
addressing "secondary" patents of already known products. There are some
studies investigating the effectiveness of such practices especially in
Argentina, Brazil and India, highlighting what has worked and not worked
and how they can be improved. There is a need for more comparative and
empirical studies across different countries and how patentability criteria
are applied to other health products beyond drugs.

The research syntheses are a resource of the Knowledge Portal on Innovation
and Access, a project of the Global Health Centre, Graduate Institute of
Geneva, and aim to provide concise, comprehensive overviews of the current
state of research on a specific topic. There are currently 20 topics
available under 3 themes: pricing, intellectual property and innovation. A
list of all topics is available at https://www.knowledgeportalia.org

As always, we value your comments and feedback through the contribution
form available at the website or by email at
globalhealthresearch at graduateinstitute.ch.

All the best,
Marcela Vieira and Suerie Moon

Marcela Vieira
Researcher and Project Coordinator of the
Knowledge Network for Innovation and Access to Medicines

Global Health Centre, Research
Graduate Institute of International and Development Studies
marcela.vieira at graduateinstitute.ch

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