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This presentation will discuss how different developing countries have tailored their research and experimentation exception to patent law, as well as to how emerging economies in Asia have been dealing with 'pay-for-delay' cases where generic manufacturers, inter alia, agree to refrain from introducing a product that competes with a patented medicine whose exclusivity is set to expire. Both are areas that seek to address competing and complimentary goals to encourage pharmaceutical innovation while guaranteeing greater access to quality and affordable medicines and are receiving increased attention given the post-Pandemic recognition of the need for health security by developing countries amidst a challenging global political-economic climate. The lecture utilizes a comparative law and policy approach that draws from publications of the author in his capacity as Visiting Scholar at the National Graduate Institute for Policy Studies.
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Kiyoshi Adachi is a Legal Officer with the Policy Reviews Section of the Division on Investment and Enterprise at the Geneva-based United Nations Conference on Trade and Development (UNCTAD), where he provides research, analysis, training and policy recommendations on issues related to the integrated treatment of investment, technology transfer, intellectual property policies and related development issues, including the SDGs. Prior to joining UNCTAD in 2002, he worked with the United Nations in both New York and Vienna, and as a lawyer with an international law firm in Tokyo.
In the span of his 30-year career, Mr. Adachi has numerous publications related to preferential trade and investment agreements and over 15 years of experience in various aspects of international regulation of the pharmaceutical/life sciences industry, including on relevant intellectual property issues, access and benefit sharing of genetic resources and the UN drug control conventions. He holds a Juris Doctor from the UCLA School of Law in Los Angeles and is admitted to the bars of Pennsylvania and the District of Columbia, USA. He also has a Master of Public Administration concentrating in development management from the American University in Washington, D.C. and a bachelor's degree in government and Asian Studies from Dartmouth College. In addition to his duties at the UN, Mr. Adachi is a visiting scholar with the National Graduate Institute for Policy Studies and teaches International Law at Hosei University in Japan.
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