Professor Duncan Matthews, BSc (Hons), MA (Warwick), LLM (Exeter), PhD (London)
Professor of Intellectual Property Law
Tel: +44 (0)20 7882 8074
Professor Duncan Matthews is a member of the Centre for Commercial Law Studies. He has held academic positions as a lecturer in law at the University of Warwick and as a research fellow at the ESRC Centre for the Study of Globalisation and Regionalisation, also at the University of Warwick. He has worked as a researcher at a policy think-tank (the National Institute for Economic and Social Research, London) and as an EU lobbyist.
He has acted as an advisor to: Directorate General Trade of the European Commission; the ECAP II EC-ASEAN Intellectual Property Rights Co-operation Programme; the American Association for the Advancement of Science (AAAS); the United Nations Development Programme (UNDP); the European Parliament Committee on International Trade; the European Patent Office (EPO); the UK Strategic Advisory Board for Intellectual Property Policy (SABIP); and the UK Intellectual Property Office (IPO) Expert Advisory Group on Trade and Development.
He is a member of the Chartered Institute of Patent Attorneys (CIPA) Education Committee and also worked with the Centre for the Management of Intellectual Property in Health Research and Development (MIHR) on an IP Handbook of Best Practices. He is co-founder of the European Intellectual Property Teachers’ Network (EIPTN).
- QLLM040 Intellectual Property
- QLLM046 International and Comparative Law of Patents, Trade Secrets and Related Rights
- QLLP046 Comparative Law of Patents, Trade Secrets and Related Rights
- QLLP052 International Law of Patents, Trade Secrets and Related Rights
Duncan Matthews has held Economic and Social Research Council (ESRC) research grants on NGOs, Intellectual Property Rights and Multilateral Institutions and on The Determinants of Intellectual Property Management in UK Companies. His research interests include: the TRIPS Agreement and access to medicines; patents for pharmaceuticals; technical assistance and TRIPS flexibilities; free trade agreements and intellectual property rights; the WIPO Development Agenda; and the global politics of intellectual property. He is currently working on a book project on IP and the Life Sciences in collaboration with Professor Herbert Zech (University of Basel, Switzerland).
Publications Since 2001
- 'The Right to Health and Patents'  Christoph Geiger (Editor) Research Handbook on Human Rights and
Intellectual Property, Edward Elgar, pp. 496-512, ISBN 9781783472413
- When Framing Meets Law: Using Human Rights as a Practical Instrument to Facilitate Access to Medicines in Developing Countries  in Gustavo Ghidini, Rudolph J.R. Peritz and Marco Ricolfi (Editors) TRIPS and Developing Countries: Towards a New IP World Order?, Edward Elgar, pp. 12-38, ISBN 9781849804851
- The Rise and Fall of the Anti-Counterfeiting Trade Agreement (ACTA): Lessons for the European Union  (Co-author with P. Žikovská) IIC - International Review of Intellectual Property and Competition Law: Vol. 44, Issue 6, pages 626-655, ISSN 0018-9855
- Negotiating the IP Chapter of an EU–US Transatlantic Trade and Investment Partnership: Let’s Not Repeat Past Mistakes  IIC - International Review of Intellectual Property and Competition Law: Vol. 44, Issue 5, pages 491-493, ISSN 0018-9855
- Counterfeiting and Public Heath  in C. Geiger (Editor) Criminal Enforcement of Intellectual Property: A Handbook of Contemporary Research, Edward Elgar, pp. 42-58, ISBN: 9781849801461
- NGO Coalitions and the Global Access to Medicines Campaign  in J. Howell (Editor) Global Matters for Non-Governmental Public Action, Palgrave, pp. 66-92, ISBN: 9780230290358
- The Doha Declaration Ten Years on and Its Impact on Access to Medicines and the Right to Health (Co-author with C. Correa)  New York: United Nations Development Programme
- When Framing Meets Law: Using human rights as a practical instrument to facilitate access to medicines in developing countries , The WIPO Journal, Vol. 3, Issue 1, pages 113-127, ISSN: 2041-2029
- Intellectual Property, Human Rights and Development, The Role of NGOs and Social Movements, Cheltenham: Edward Elgar, 2011, 273, ISBN 9781 84720 785 2
- Patents in the Global Economy  , report to the UK Government’s Strategic Advisory Board for Intellectual Property Policy (SABIP)
- The Lisbon Treaty, Trade Agreements and the Enforcement of Intellectual Property Rights , European Intellectual Property Review, Vol. 32, Issue 3, pp. 104-112, ISSN: 0142-0461
- Intellectual Property Rights, Human Rights and the Right to Health  in W. Grosheide (Editor) Intellectual Property Rights and Human Rights: A Paradox, ISBN: 9781848444478
- The Fight Against Counterfeiting and Piracy in the Bilateral Trade Agreements of the EU  European Parliament Briefing Paper
- Intellectual Property Rights and Multilateral Institutions (Co-author with V. Munoz-Tellez) in  V. Desai and R. Potter (Editors) The Companion to Development Studies, 2nd Edition, London: Hodder Arnold, 563-567, ISBN: 0340889144.
- The Role of International NGOs in the Intellectual Property Policy-Making and Norm-Setting Activities of Multilateral Institutions  82,3 Chicago-Kent Law Review 1369-1386, ISSN: ISSN: 0009-3599
- Lessons from Negotiating an Amendment to the TRIPS Agreement: Compulsory Licensing and Access to Medicines  in G. Westkamp (ed.) Emerging Issues in Intellectual Property, Cheltenham: Edward Elgar, 222-249, ISBN: 978-1-84542-775-7
- Parallel Trade: A User's Guide (Co-author with V. Munoz-Tellez) in  MIHR/PIPRA Intellectual Property Management in Health and Agricultural Innovation: A Handbook of Best Practices 1429-1434, ISBN: 978-1-4243-2027-1
- Bilateral Technical Assistance and TRIPS: the United States, Japan and the European Communities in Comparative Perspective (Co-author with V. Munoz-Tellez)  9(6) Journal of World Intellectual Property 629-653, ISSN: 1422-2213
- From the August 30, 2003 WTO Decision to the December 6, 2005 Agreemement on an Amendment to TRIPS: Improving Access to Medicines in Developing Countries?  10 Intellectual Property Quarterly 91-130, ISSN: 1364-906X
- TRIPS Flexibilities and Access to Medicines in Developing Countries: The Problem with Technical Assistance and Free Trade Agreements  27(11) European Intellectual Property Review 420-427, ISSN: 0142-0461
- Is History Repeating Itself? The Outcome of Negotiations on Access to Medicines, the HIV/AIDS Pandemic and Intellectual Property Rights in the World Trade Organisation  1 Law, Social Justice and Global Development Journal (LGD), ISSN: 1467-0437
- The WTO Decision on Implementation of Paragraph 6 of the Doha Declaration on the TRIPs Agreement and Public Health: A Solution to the Access to Essential Medicines Problem?  7(1) Journal of International Economic Law 73-107, ISSN: 1369-3034
- A Strategic Approach to Managing Intellectual Property (Co-author with J. Pickering and J. Kirkland) in R. Blackburn (Editor), Intellectual Property and Innovation Management in Small Firms, London: Routledge, 2003, 35-54, ISBN: 0415228840
- Globalising Intellectual Property Rights: The TRIPs Agreement, London: Routledge, 2002, 216, ISBN: 041522327X
- Trade-Related Aspects of Intellectual Property Rights: Will the Uruguay Round Consensus Hold?, Coventry: Centre for the Study of Globalisation and Regionalisation Working Paper No. 99/02, 2002
Other Selected Publications
- The Effectiveness of European Union Environmental Policy (Co-author with W. Grant and P. Newell), Basingstoke: Macmillan, 2000, 248, ISBN: 0333730666
Doctoral Research Student Supervision
Duncan Matthews has supervised the following doctoral research students:
- Alex Magaisa - Knowledge Protection in Indigenous Communities - The case of indigenous medical knowledge systems in Zimbabwe (completed 2005).
- Mukhamad-Ali Kurmanbayev - An Analysis of the Development of Copyright Law and Practices in Kazakhstan (completed 2006).
- Muriel Lightbourne - The FAO International Treaty on Plant Genetic Resources for Food and Agriculture: Towards Food Security, Conservation, Equity? (completed 2007, Herchel Smith scholarship).
- Fazeel Najeeb – IP-Related Technical Assistance: Lessons for developing countries (completed March 2011; Commonwealth scholarship).
- Jerry Hsiao – Patent Protection for Chinese Traditional Medicines in Taiwan (completed November 2009).
- Claudio Chiarolla – Development Perspectives on the FAO International Treaty’s Multilateral System (completed December 2009; Herchel Smith scholarship).
- Rong He – An Empirical Study on the Interaction between Patent, Innovation and Public Health: case of China (completed September 2012; Wellcome Trust scholarship).
- Burcu Kilic – Boosting Pharmaceutical Innovation in the Post-TRIPS era: The Real LIfe Lessons for the Developing World (completed January 2011; Queen Mary School of Law scholarship).
- Tenu Avafia – Public Health Related TRIPS Flexibilities and South-South Co-operation as Enablers of Treatment Access in Eastern and Southern Africa: Perspectives from Producing and Importing Countries (completed March 2015).
- Celucolo Peter Dludlu - Comparative study of substantive patentability standards in the UK and South Africa (completed March 2014; Herchel Smith scholarship).
- Vivian Mak – Analysis of DNA Patenting and its Impact on Developing Nations (completed November 2014; Queen Mary School of Law scholarship).
- Marta Diaz Pozo: The Role of the Requirement of Industrial Application in Gene Patenting: Practical Implications and Potential Impact on the Progress of Innovation (completed May 2015; Herchel Smith scholarship).
- Olga Gurgula - Strategic Patenting in the Pharmaceutical Industry: Analysing the Boundaries of Legality from a Competition Law Perspective (commenced September 2013; Herchel Smith scholarship).
- Emanuela Gambini: Imagined Nature. Intellectual Property of Biotech Inventions (commenced January 2014, Herchel Smith scholarship).
- Member of the Queen Mary Intellectual Property Research Institute (QMIPRI)
- Professor Duncan Matthews speaks on parallel trade in the EU at Renmin University of China, Beijing on 17th October 2015. Professor Matthews spoke to an audience of Chinese judges, government officials and academics on parallel trade in the EU and possible lessons for the Free Trade Zones in China. The event was organised by the Great Britain China Centre in collaboration with Professor Guo He (Renmin University of China).
Chinese patent office delegates visit London
15 July 2014
Professor Matthews welcomes Chinese delegation to London
11 October 2013