On May 5th, 2021, following public enormous pressure, the United States decided to support the waiver of IP protections on COVID-19 vaccines to help end the pandemic. With the United States blocking of the proposal now out of the way, at least for now, negotiations will now begin.
Trade-Related Aspects of Intellectual Property Rights (TRIPS)
This post engages with the Global Value Chain Development (GVCD) reports co-published by the World Trade Organization and the World Bank. It focuses on one central claim these reports have made about the development-related benefits of firms’ participation in GVCs, and on the policy recommendations that follow. The claim is that by inserting themselves into global value chains (GVCs) and technologically upgrading, firms can move up the value-added ladder and capture a greater share of the economic rewards, thereby also benefiting workers and their states in terms of employment, income and taxation.
In the webinar, the panelists brilliantly discussed salient subjects pertinent to global intellectual property (IP) rights rules and relevant implementation mechanisms at regional and national levels. In quintessential Afronomicslaw.org fashion, the discussions underscored Global South interests and reinforced the importance of fostering development-oriented IP systems.
This article will briefly examine this dynamic across three interconnected dimensions: (1) flexibility and innovation in IEL agreement models, with a focus on trade agreements, that better integrate economic and social development goals and allow parties to adapt to new circumstances or phase in commitments on a more incremental basis; (2) flexibility in implementation of trade disciplines and agreements; and (3) legal and regulatory innovation that can both define and flow from IEL agreements. These three dimensions take into account both treaties themselves and how they relate to changes in law and regulation in practice, drawing a link between international agreements and their operation that is particularly important in times of change or uncertainty. In assessing dimension three, legal and regulatory innovation, which has been a focus of my work over the past decade,
In this post, I argue that the 1991 UPOV Convention, which is the only UPOV Convention open for accession, is unsuited to Nigeria, principally because it provides a closed plant breeders rights system that favours (commercial) plant breeders, to the detriment of small scale farmers. Nigeria has over 70 per cent small scale farmers that stand to be side-lined by a UPOV-styled system. Accordingly, I urge the Nigerian Government to cease, or at the least delay, the ongoing legislative process.
The International Women’s Day is an opportune time to recognise and celebrate female scholars. This post spotlights five female scholars of African descent, Professor Ruth Okediji, Professor Olufunmilayo Arewa, Professor Caroline Ncube, Dr Amaka Vanni and Dr Chijioke Okorie, for their outstanding contributions to the multifaceted and often esoteric intellectual property rights (IPRs) debates
TWAIL scholarship share three central themes. First, it engages in historical analysis to disinter partial narratives of international law. Second, the historical analysis exposes avenues through which particular aspects of international law are unjust to everyday realities of Third World peoples. Third, some TWAIL scholarship attempt to reform or transform unjust international law to suit the needs and realities of Third World peoples.
This Symposium, and the contributions carry on the conversation by examining the ways in which the contributors have harnessed theory and method in their critical scholarship on IEL in Africa. Continuing to build the knowledge base on IEL that is both rigorous and relevant to Africa has a lot to do with the lens through which research work is conducted.
Given the central relevance of TK to African countries, it is necessary to design effective mechanisms for its protection. One key rising trend in TK lawmaking is its incorporation in bilateral and free trade agreements.