Intellectual property rights
Bangladesh must assess post-graduation IPR implications, says Debapriya
Bangladesh urgently needs to assess the possible implications of Intellectual Property Rights (IPR) to overcome the challenges during the post-LDC graduation, eminent economist Dr Debapriya Bhattacharya has said.
He said the IPR issues should be actively embed in the country’s LDC transition strategy, looking beyond the pharmaceutical waiver facility under the TRIPS Agreement of the World Trade Organisation.
Now only market access for exports and pharmaceutical waiver-related issues are getting overwhelming focus in the country’s LDC graduation discourse, the distinguished fellow of Centre for Policy Dialogue (CPD) said in an interview with UNB on Wednesday.
READ: Dhaka-Beijing ties can be prime mover for Bangladesh’s transformation: Debapriya
Bhattacharya said in the post-graduation phase Bangladesh will have to maintain standards providing protection to patents, copyright, industrial designs and undisclosed information, among others. The country will have to provide remedies against such infringements, he said
But the IPR-related concerns remain the most under-stated in the discussion despite the knowledge that economy will be the future of the country and also the world, he added.
Available IPR expertise in Bangladesh is possibly least mobilised in the context of articulating smooth LDC transition strategy, he said pointing to the huge challenge in case of losing duty-free quota-free market access and pharmaceutical waiver during its post-graduation era after 2026.
Read Bangladesh prepares to face challenges after transition from LDC
“Though important IP-related initiatives are seen in both the public and private sectors of the country, these progressive efforts are yet to be connected to LDC graduation fallouts,” said Dr Debapriya, a former Bangladesh Ambassador to WTO.
He said no IPR issue beyond the pharmaceutical waiver facility under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) has attracted attention in Bangladesh. “Even here, we pursue a benign defensive strategy asking for more transition time, not a constructively operative strategy to prepare the country for the post-transitional phase with necessary ISMs.”
Alongside the assessment of IP implications, Bangladesh should identify IP issues for availing international support measures (ISMs) for its graduation from the group of least developed countries (LDCs), he said.
READ: Protect consumption, promote employment in next budget: Debapriya
“It is essential to embed IP dimensions in transitional strategy and form a dedicated team under the national task force to find out the ways to address the IP-related challenges,” said the economist.
Bangladesh also needs to identify IP stakeholders clearly and organise them to address the IP concerns, said the public policy analyst.
While the National Task Force responsible for designing the country's graduation strategy has a sub-committee on IP, it is important to have a more open and wide-ranging discussion with stakeholders in this regard. The proposed IP related need assessment would also benefit from such an inclusive approach.
Read Potential export sectors need support after LDC graduation: Experts
About the country’s IP progress, Dr Debapriya mentioned that National Innovation and Intellectual Property Policy 2018 was framed, the copyright law was updated to bring it in line with the digital environment and IP institutions like Bangladesh IP Forum were established.
Besides, a discussion started to get the Patent Cooperation Treaty (PCT) and Madrid System membership under the World Intellectual Property Organization (WIPO) for international protection of trademark. There is a growing interest regarding IP issues amongst IT start-ups and tech entrepreneurs; he went on.
However, Bangladesh needs to create an integrated IP governance system in the country by reviewing the mandates of the copyright office and trademark office as well as taking on board new issues like intangible products and IT-based products, he suggested.
Read Dhaka seeks incentive-based package for sustainable graduation of LDCs
Dr Debapriya, a member of the United Nations Committee for Development Policy (UN CDP), said IP intensive goods and services are now an important component of exports and imports in the world. This aspect has to be kept in mind as we articulate our LDC transition strategy.
He said intangible capital like technology, hardware and software and branding contributes twice as much as tangible capital to the total value of manufactured goods, while average workers in an IP-intensive industry can earn some 46 per cent more than counterparts in a non-IP industry, he said adding that the charges for the use of IP were total US$ 409 billion across the world in 2019.
All the recently concluded bilateral and regional trade agreements across the world had IP-related clauses in them. The recently concluded Regional Comprehensive Economic Partnership (RCEP) includes a chapter on intellectual property rights-related issues. As Bangladesh prepares to ink a number of bilateral free trade agreements, the country has to be prepared on how to go about IP protection issues in these prospective treaties.
Read Access to Covid vaccines top priority for LDCs: Dhaka
3 years ago
Covid vaccine: UNICEF emphasises speed, simplicity to remove barriers
UNICEF Executive Director Henrietta Fore has said they need speed and simplicity to remove barriers to the acquisition, manufacture and distribution of COVID-19 vaccines globally.
“The COVID-19 pandemic has made clear to us all that no one is safe until everyone is safe. But equitable access to COVID-19 vaccines is within our grasp," She said in a statement on Tuesday.
She said they have proven that the world can rally to do the unthinkable, and we need to do it again. "The sooner we do, the sooner our lives, and the lives of our children, will go back to normal.”
In a little over a year, the world’s scientists, businesses, governments, philanthropists and multilateral institutions rallied and did the unthinkable, Fore said.
They created vaccines to fight a virus that had brought the world to a standstill. And they tested, transported and began to administer those vaccines safely and in record time. "This is nothing short of astounding," she said.
“But the fight is not yet over,” Fore said. “Variants are emerging all over the world, and with each, the risk of a massive global setback."
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At the current rate, there is simply not enough vaccine supply to meet demand. And the supply available is concentrated in the hands of too few.
Some countries have contracted enough doses to vaccinate their populations several times, while other countries have yet to receive even their first dose.
"This threatens us all. The virus and its mutations will win," Fore said.
In order to get ahead of the virus, and to shift gears, she said, they must build on a strategy of vaccinating frontline workers but drive towards a strategy that truly enables equitable access for all.
The governments, businesses and partners were urged to take three urgent actions:
First, simplify Intellectual Property Rights (IPR) through voluntary and proactive licensing by IPR holders.
Also read: UNICEF launches COVID-19 vaccine market dashboard to ensure fair access
But this alone won’t increase production. Unlike drug manufacture, vaccine production involves a complex manufacturing process with multiple components and steps.
IPR holders would need to provide technology partnerships to accompany IP licenses, proactively share know-how and sub-contract to manufacturers without undue geographic or volume restrictions.
This challenge requires not forced IP waivers but proactive partnership and cooperation. Recent manufacturing partnerships such as Pfizer-BioNtech; AZ-SII, J&J- Merck and J&J-Aspen are encouraging examples.
UNICEF urged others to follow suit, to increase the scale and geographic diversity of manufacturing capacity.
“While markets alone can’t guarantee innovation benefits all, voluntary licensing, pooled funds and multilateral mechanisms such as COVAX are an effective and realistic way for product developers and manufacturers to collaborate, innovate, and encourage equitable access," Fore said.
“Second, we need to end vaccine nationalism. Governments should remove direct and indirect export- and import-control measures that block, restrict or slow down exports of COVID-19 vaccines, ingredients and supplies. Viruses respect no borders. Defeating COVID-19 in each of our home countries also means defeating it around the world by ensuring a steady flow of vaccines and supplies to all."
Also read: UNICEF working with over 350 partners to deliver COVID-19 vaccines
Finally, Fore said, governments that have contracted to receive more ‘future doses’ than required to vaccinate their entire adult populations this year, should immediately loan, release or donate most or all excess contracted doses for 2021 to COVAX, so they can be allocated equitably among other countries.
“In addition, countries with a sufficient, current supply of manufactured doses should consider donating at least 5% of their available manufactured doses right away, and commit to making further contributions on a continued, rolling basis throughout the year, scaling up their contributions in line with rising supply. Confirming these dose-sharing commitments now will enhance predictability, accelerate equitable access, and help stabilise the global vaccine market."
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