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WTO to Continue Dialogue on Extending TRIPS Decision to Therapeutics and Diagnostics
By Guy José Bendaña-Guerrero & Asociados
At the October 30-31, 2023, meeting of the Council for Trade-Related Aspects of Intellectual Property Rights (TRIPS), World Trade Organization (WTO) members continued their discussion on whether to extend the TRIPS Decision adopted at the 12th Ministerial Conference (MC12) to COVID-19 therapeutics and diagnostics.
Under paragraph 8 of the Ministerial Decision on the TRIPS Agreement, WTO members had agreed to make a decision on whether to extend this Decision to cover the production and supply of COVID-19 diagnostics and therapeutics, confirming members' right to override the exclusive effect of patents and provide greater scope to take direct action to diversify production of these products through clarifications of existing flexibilities and a targeted waiver over the next five years.
Members also reacted to the results of the United States International Trade Commission (USITC) report and a thematic session with external stakeholders dedicated to the issue.
While some members said that the USITC report confirmed that access to therapeutics and diagnostics went beyond the scope of intellectual property and that broader factors should be considered when making a decision, others argued that the report confirmed the insufficiency of voluntary licensing in responding to the pandemic. Others said they were still reviewing the content of the USITC report.
Many developing members urged the Council to arrive at a decision before the General Council meeting scheduled for December 2023. One member argued that sufficient evidence had now been provided to enable the Council to arrive at a decision. Other members reiterated their support for a consensus-based outcome.
Guy José Bendaña-Guerrero & Asociados
GUY JOSE BENDAÑA GUERRERO & ASOCIADOS has a long and prosperous tradition in the field of intellectual property (IP) in Nicaragua, with roots that go back to more than 100 years, resulting on long-term relationships with renowned clients and attorneys worldwide.
The firm has its origins in the law firm Henry Caldera & Henry Caldera-Pallais, founded in 1907 by Mr. Henry Caldera. That same year of 1907, through the efforts of Mr. Caldera, Nicaragua had its first Trademark Law. In the late 1930’s, Mr. Caldera’s oldest son, Dr. Henry Caldera-Pallais, after studying law in Nicaragua, attended the University of Michigan, where he graduated as a Registered U.S. Patent Attorney. Dr. Caldera-Pallais in 1964 was a founding member of the Interamerican Association of Intellectual Property (ASIPI), the first regional intellectual property organization in the Americas. The firm continued to grow during the administration of Dr. Franklin Caldera, son of Dr. Caldera-Pallais, who obtained his doctoral degree in law from the Universidad Centroamericana in 1973.
Since 1985 the current partners, Dr. Guy José Bendaña Guerrero and Mrs. Blanca Aragón de Bendaña, took over the management of the firm. Dr. Bendaña Guerrero, Director of the firm, has distinguished himself as one of the most respected authorities in Central America in the field of intellectual property and law in general, being the author of several books such as “Course of Industrial Property Law”, “Study of the new Laws of Industrial Property” and “New Study of Contracts “, among others. Mrs. Aragón de Bendaña has served as the firm’s general manager and, thanks to her excellent management, the firm has been in constant growth, with a highly qualified staff committed to excellence. Since 1996, partner Julián José Bendaña Aragón joined the firm, and has been standing out as one of the most recognized attorneys in the field of intellectual property.
We have adapted to the constant change of the business world, supporting our clients in finding the most appropriate legal solutions for each moment. The firm distinguishes itself by understanding the needs of its clients, offering personalized service and adding value to its activities.
Nowadays we continue to be the leading firm in Nicaragua in the area of intellectual property, and at the same time, we have been consolidating other areas of service within the civil, commercial and labor fields, as well as litigation and consulting in general. The firm is well positioned to guarantee a pragmatic service that meets the requirements of the most demanding clients.
