“Intellectual property (IP) rights can potentially impede mass production of existing health products, as well as innovation and research and development of new products. IP rights can be exercised by their owners to grant or withhold from licensing the technology required for manufacturing or further developing a product. If a license is denied, the technology will not be available for other firms to manufacture or supply.
Usually, a bundle of several IP rights can exist around a particular technology. It is very common patenting strategy in the pharmaceutical industry to take separate patents on the main compound of a drug and a large number of secondary patents on different formulations and combinations, dosage, as well as other possible therapeutic use of a drug. This can make it difficult for follow on innovators to invent around the thicket of IP rights….
Through a resolution of the World Health Assembly on COVID-19, member states of the WHO have recognised the possible need for countries to adopt measures to ensure that IP rights do not constrain global equitable access to health technologies for COVID-19 through the full use of the flexibilities of the agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) as well as voluntary pooling of patented technologies, data and know-how….
A number of flexibilities available under the TRIPS Agreement can be applied by governments to ensure that IP rights do not constrain innovation and availability of health technologies required for responding to COVID-19….
It is time for developing countries to review the extent to which such measures can be adopted, or what changes, if any, need to be introduced into their legal regimes so as to be able to act effectively and timely to address the devastating effects of the COVID-19 pandemic….”
Abstract: Open access policies have been progressing since the beginning of this century. Important global initiatives, both public and private, have set the tone for what we understand by open access. The emergence of tools and web platforms for open access (both legal and illegal) have placed the focus of the discussion on open access to knowledge, both for academics and for the general public, who finance such research through their taxes, particularly in Latin America. This historically unnoticed discussion must, we believe, be discussed publicly, given the characteristics of the Latin American scientific community, as well as its funding sources. This article includes an overview of what is meant by open access and describes the origins of the term, both in its philosophical sense and in its practical sense, expressed in the global declarations of Berlin and Bethesda. It also includes the notion of open access managed (or not) by some reputable institutions in Chile, such as CONICYT (National Commission for Scientific and Technological Research) and higher education institutions reputed nationally, such as the Universdad de Chile and Pontificia Universidad Católica de Chile. Various Latin American initiatives related to open access (Scielo, Redalyc, among others) are described, as well as the presence of Chilean documents in those platforms. The national institutional repositories are listed, as well as their current status and a discussion about what open access has implied in Latin America and its importance for the replicability of the investigations carried out locally. Finally, we describe some governmental initiatives (mainly legislative) at the Latin American level and propose some recommendations regarding the promotion and implementation of repositories for the access to scientific data (for access and replication purposes) of the national research.
“LA Referencia gives visibility to the scientific production of higher education and research institutions in Latin America, promotes open and free access to the full text, with special emphasis on publicly financed results….We are a network of repositories of open access to science in Latin America.”
“Bioline International is a not-for-profit scholarly publishing cooperative committed to providing open access to quality research journals published in developing countries. BI’s goal of reducing the South to North knowledge gap is crucial to a global understanding of health (tropical medicine, infectious diseases, epidemiology, emerging new diseases), biodiversity, the environment, conservation and international development. By providing a platform for the distribution of peer-reviewed journals (currently from Bangladesh, Brazil, Chile, China, Colombia, Egypt, Ghana, India, Iran, Kenya, Malaysia, Nigeria, Tanzania, Turkey, Uganda and Venezuela), BI helps to reduce the global knowledge divide by making bioscience information generated in these countries available to the international research community world-wide….”
“The Chilean Congress House of Deputies has approved a bill that creates a new unwaivable right of remuneration for authors of audiovisual works, and its contributions….This will mean that the music composer of a work embedded in any audiovisual work, the writer of the drama, the Director, the camera man, etc, will not be able to waive its right or license for free through a creative commons license or any other open licenses, or give it to the public domain….”