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Patents and Health

Policymakers must navigate the delicate task of striking the right balance between safeguarding the rights of patent holders contributing to medical innovations and ensuring that the public has adequate access to these advancements.

Much effort has been made to identify legal frameworks and practices within and around the patent system, which adequately balance incentives to innovate with access to health-related technology. Any such framework must take into account the interests of both technology holders and technology users.

Given the complex nature of health innovation and access to medicines, a holistic understanding of synergies between the patent system and other policy components becomes crucial. The interplay between trade policy, public health policy, procurement policy, the regulatory environment, innovation policy, intellectual property strategy, market conditions, and various other factors are critical in comprehending the intersection of patents and health.

In order to address these multifaceted challenges, the WIPO’s Standing Committee on the Law of Patents (SCP) examines the role of the patent system in achieving the right balance between fostering innovation and ensuring access to technology.

SCP activities on the topic

Documents prepared by the Secretariat

Studies

  • Updated Feasibility Study on the Disclosure of International Nonproprietary Names (INN) in Patent Applications and/or Patents (SCP/28/5) 
  • Feasibility Study on the Disclosure of International Nonproprietary Names (INN) in Patent Applications and/or Patents (SCP/21/9)
  • Constraints faced by Developing Countries and Least Developed Countries (LDCs) in making full use of Patent Flexibilities and their Impacts on Access to Affordable Especially Essential Medicines for Public Health Purposes in those Countries (SCP/26/5), and Supplement to Document SCP/26/5 (SCP/27/6)
  • Study on the Role of Patent Systems in Promoting Innovative Medicines, and in Fostering the Technology Transfer necessary to Make Generic and Patented Medicines available in Developing Countries and Least Developed Countries (SCP/21/8)

Reports and reviews

  • Review of the regular updates on the initiatives on publicly accessible databases of patent status information concerning medicines and vaccines (SCP/35/9)
  • Update of Document SCP/31/5 (Review of Existing Research on Patents and Access to Medical Products and Health Technologies) (SCP/34/6), and Summary of Document SCP/34/6 (SCP/34/6 ADD.)
  • Review of Existing Research on Patents and Access to Medical Products and Health Technologies (SCP/31/5 and SCP/31/5 SUMMARY)
  • WIPO’s Experiences on Capacity Building Activities Relating to Negotiating Licensing Agreements (SCP/30/6)
  • Report on WIPO’s Technical Assistance Activities in Respect of Enhancing Patent Examiners Capacity (SCP/28/6)
  • Projects and activities on patents and health in WIPO, the WHO and WTO (SCP/18/5)
  • WIPO activities on patents and health (SCP/17/4)

Proposals and comments by Member States 

Conferences

  • Half-Day Conference on Publicly Accessible Databases on Patent Information Status and Data, on Medicines and Vaccines (2018)
    • Presentations are available at SCP/29 under “Other related documents”
  • Conference on Intellectual Property and Public Policy Issues (2009)

Sharing sessions, seminars, presentations

  • Sharing Session on Practices Involving Licensing of Medical Technologies for the Diagnoses, Prevention and Treatment of COVID-19, Including Examples of Compulsory and Voluntary Licensing (2023). For the discussions, please see the meeting webcast for SCP/35
  • Information Sharing Session on Initiatives on Publicly Accessible Databases of Patent Status Information Concerning Medicines and Vaccines (Update) (2022)
    - Presentations are available at SCP/34 under “Other related documents”
  • Presentation by the WHO, WIPO and WTO on the Trilateral Cooperation Relating to COVID-19 Pandemic and Patents (2022)
    - Presentations are available at SCP/34 under “Other related documents”
  • Presentation by the WHO on the C-Tap initiative (2022)
    - Available at SCP/34 under “Other related documents”
  • Presentation by MPP on its licensing activities (2022)
    - Available at SCP/34 under “Other related documents”
  • Information Sharing Session on Initiatives on Publicly Accessible Databases of Patent Status Information Concerning Medicines and Vaccines (Update) (2021)
    - Presentations are available at SCP/33 under “Other related documents”
  • Sharing Session with Respect to Challenges and Opportunities in Relation to Types of Patent Licensing Provisions in the Healthcare Technologies (2020). For the discussions, please see the meeting webcast for SCP/32
  • Information Sharing Session on Initiatives on Publicly Accessible Databases of Patent Status Information Concerning Medicines and Vaccines (2020)
    - Presentations are available at SCP/32 under “Other related documents”
  • Information Sharing Session on Initiatives on Publicly Accessible Databases of Patent Status Information Concerning Medicines and Vaccines (Update) (2019)
    - Presentations are available at SCP/31 under “Other related documents”
  • Sharing of Experiences by the Secretariat and Invited Relevant Institutions on Capacity Building Activities Relating to Negotiating Licensing Agreements (2019)
    - Presentations are available at SCP/30 under “Other related documents”
    - Report of the Sharing Session (SCP/31/6)
  • Sharing of Experiences by Practitioners on Negotiating Licensing Agreements (2018)
    - Presentations are available at SCP/29 under “Other related documents”
  • Information Exchange Session on Publicly Accessible Databases on Patent Information Status and Data, on Medicines and Vaccines (2018)
    - Presentations are available at SCP/28 under “Other related documents”
  • Sharing of Experiences by Member States with Respect to Enhancing Examiners Capacity, Particularly in Small and Medium-Sized Offices (2018)
    - Presentations are available at SCP/28 under “Other related documents”
  • Sharing Session on Patents and Other Related Issues on Access to Medicines (2017)
    - Presentations are available at SCP/27 under “Other related documents”
  • Half-Day Information Exchange Session on Publicly Accessible Databases on Patent Information Status and Data on Medicines and Vaccines (2017)
    - Presentations are available at SCP/27 under “Other related documents”
  • Sharing Session among Member States on National Experiences Relating to Use of Health-Related Patent Flexibilities for Promoting Public Health Objectives or the Challenges Thereof (2016). For the discussions, please consult the report of SCP/25
  • Seminar on the Relationship between Patent Systems and the Availability of Medicines in Developing Countries and Least Developed Countries (SCP/23/INF/2 REV.) (2015)
    - Presentations are available at SCP/23 under “Other related documents”
  • Sharing Session on Countries’ Use of Health–Related Patent Flexibilities (2014). For the discussions, please consult the report of SCP/20 and the summary of the Sharing Session (SCP/20/REF/C/SUMMARY)
  • Presentation by WIPO, the WHO and the WTO on the Publication Entitled “Promoting Access to Medical Technologies and Innovation: Intersections between Public Health, Intellectual Property and Trade” (2013). For the discussions, please consult the report of SCP/19

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