Patents, Human Rights, and Access to Medicines

Patents, Human Rights, and Access to Medicines
Author: Emmanuel Kolawole Oke
Publisher: Cambridge University Press
Total Pages: 185
Release: 2022-03-03
Genre: Political Science
ISBN: 1108654037

Download Patents, Human Rights, and Access to Medicines Book in PDF, Epub and Kindle

Patent rights on pharmaceutical products are one of the factors responsible for the lack of access to affordable medicines in developing countries. In this work, Emmanuel Kolawole Oke provides a systematic analysis of the tension between patent rights and human rights law, contending that, in order to preserve their patent policy space and secure access to affordable medicines for their citizens, developing countries should incorporate a model of human rights into the design, implementation, interpretation, and enforcement of their national patent laws. Through a comprehensive analysis of court decisions from three key developing countries (India, Kenya, and South Africa), Oke assesses the effectiveness of national courts in resolving conflicts between patent rights and the right to health, and demonstrates how a model of human rights can be incorporated into the adjudication of patent rights.

Transnational Legal Orders

Transnational Legal Orders
Author: Terence C. Halliday
Publisher: Cambridge University Press
Total Pages: 559
Release: 2015-01-19
Genre: Business & Economics
ISBN: 1107069920

Download Transnational Legal Orders Book in PDF, Epub and Kindle

Transnational Legal Orders offers an empirically grounded approach to the emergence of legal orders beyond nation-states that reframes the study of law and society.

Human Rights and the WTO

Human Rights and the WTO
Author: Holger Hestermeyer
Publisher: Oxford University Press, USA
Total Pages: 424
Release: 2007
Genre: Law
ISBN:

Download Human Rights and the WTO Book in PDF, Epub and Kindle

This book examines one of the most controversial aspects of the world trading system: patents and access to medication, and offers approaches to tackle the issue of how to better accommodate human rights in the trading system.

Patents, Human Rights, and Access to Medicine

Patents, Human Rights, and Access to Medicine
Author: Emmanuel Kolawole Oke
Publisher: Cambridge University Press
Total Pages: 185
Release: 2022-03-03
Genre: Law
ISBN: 1108472109

Download Patents, Human Rights, and Access to Medicine Book in PDF, Epub and Kindle

An exploration of the tension between human rights and patent law, with reference to developing countries' access to affordable medicines.

A Human Rights Framework for Intellectual Property, Innovation and Access to Medicines

A Human Rights Framework for Intellectual Property, Innovation and Access to Medicines
Author: Dr Joo-Young Lee
Publisher: Ashgate Publishing, Ltd.
Total Pages: 305
Release: 2015-07-28
Genre: Law
ISBN: 1472410610

Download A Human Rights Framework for Intellectual Property, Innovation and Access to Medicines Book in PDF, Epub and Kindle

This study primarily explores whether conflicts between patents and human rights in the context of access to medicines are inevitable, or whether patents can be made to serve human rights. The author argues that it is necessary to have a deepened understanding of each of the two sets of norms that govern this issue, that is, patent law and international human rights law. The chapters investigate the relevant dimensions of patent law and analyse particular human rights bearing upon the issue of intellectual property and access to medicines.

Private Patents and Public Health

Private Patents and Public Health
Author: Ellen F. M. 't Hoen
Publisher:
Total Pages: 181
Release: 2016
Genre:
ISBN: 9789079700851

Download Private Patents and Public Health Book in PDF, Epub and Kindle

Millions of people around the world do not have access to the medicines they need to treat disease or alleviate suffering. Strict patent regimes introduced following the establishment of the World Trade Organization in 1995 interfere with widespread access to medicines by creating monopolies that keep medicines prices well out of reach for many. 0The AIDS crisis in the late nineties brought access to medicines challenges to the public?s attention, when millions of people in developing countries died from an illness for which medicines existed, but were not available or affordable. Faced with an unprecedented health crisis ? 8,000 people dying daily ? the public health community launched an unprecedented global effort that eventually resulted in the large-scale availability of low-priced generic HIV medicines. 0But now, high prices of new medicines - for example, for cancer, tuberculosis and hepatitis C - are limiting access to treatment in low-, middle and high-income countries alike. Patent-based monopolies affect almost all medicines developed since 1995 in most countries, and global health policy is now at a critical juncture if the world is to avoid new access to medicines crises. 0This book discusses lessons learned from the HIV/AIDS crisis, and asks whether actions taken to extend access and save lives are exclusive to HIV or can be applied more broadly to new global access challenges.

TRIPS and Access to Medicines

TRIPS and Access to Medicines
Author: Renata Curzel
Publisher: Kluwer Law International B.V.
Total Pages: 325
Release: 2020-12-10
Genre: Law
ISBN: 9403528745

Download TRIPS and Access to Medicines Book in PDF, Epub and Kindle

Although ideally a patent system for pharmaceuticals should serve to incentivize research into the development of new medicines, the COVID-19 pandemic has exposed the equal importance of drug access and affordability. This book, by focusing on the Brazilian rule which makes the grant of pharmaceutical patents dependent on the prior consent of the National Health Surveillance Agency (ANVISA), shows how the Brazilian model affords an example for other countries to follow in dealing with tensions between patent protection and the right to healthcare. Based on an empirical study in which the author examined 147 reports issued by ANVISA as a basis for its decisions, the book deals with such central questions concerning the interface of regulation and innovation in the patent system as the following: compatibility between ANVISA’s prior consent mechanism and the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement; how “evergreening” and “trivial patents” undermine public health and access to medicines; ways of correcting abuses of patent rights and controlling quality of patents; and the discourse on health as a human right. Along with her examination of ANVISA reports, the author analyzes how Article 229-C LPI, which introduced the need of ANVISA’s prior consent to the patent grant of pharmaceuticals in Brazil, has been interpreted in Brazilian case law. Interviews with Brazilian experts are also included. In its commitment to harmonizing patent rights and the right to access of affordable medicines, Brazil’s patent system for pharmaceuticals stands out as a workable response to the basic problem of access to medicines in the developing world. By describing the successes and failures in the Brazilian policy of promoting drug access, this book helps policymakers in developing and emerging countries to better explore TRIPS flexibilities when dealing with similar problems, and provides practitioners in the law of the World Trade Organization, patent law, competition law, and health law with a guide to how a more equitable pharmaceutical patenting system could work in practice.

Balancing Wealth and Health

Balancing Wealth and Health
Author: Rochelle Dreyfuss
Publisher: OUP Oxford
Total Pages: 992
Release: 2014-03-13
Genre: Law
ISBN: 0191664669

Download Balancing Wealth and Health Book in PDF, Epub and Kindle

This book focusses on the debates concerning aspects of intellectual property law that bear on access to medicines in a set of developing countries. Specifically, the contributors look at measures that regulate the acquisition, recognition, and use of patent rights on pharmaceuticals and trade secrets in data concerning them, along with the conditions under which these rights expire so as to permit the production of cheaper generic drugs. In addition, the book includes commentary from scholars in human rights, international institutions, and transnational activism. The case studies presented from 11 Latin American countries, have many commonalities in terms of economics, legal systems, and political histories, and yet they differ in the balance each has struck between proprietary interests and access concerns. The book documents this cross-country variation in legal norms and practice, identifies the factors that have led to differences in result, and theorizes as to how differentials among these countries occur and why they endure within a common transnational regulatory regime. The work concludes by putting the results of the investigations into a global administrative law frame and offers suggestions on institutional mechanisms for considering the trade-offs between health and wealth.

New Essays in the Legal and Political Theory of Property

New Essays in the Legal and Political Theory of Property
Author: Stephen R. Munzer
Publisher: Cambridge University Press
Total Pages: 232
Release: 2001-06-18
Genre: Business & Economics
ISBN: 9780521640015

Download New Essays in the Legal and Political Theory of Property Book in PDF, Epub and Kindle

This collection of essays examines central issues of property theory from a variety of perspectives.

Promoting Access to Medical Technologies and Innovation - Intersections between Public Health, Intellectual Property and Trade

Promoting Access to Medical Technologies and Innovation - Intersections between Public Health, Intellectual Property and Trade
Author: World Intellectual Property Organization
Publisher: WIPO
Total Pages: 259
Release: 2013
Genre: Law
ISBN: 9280523082

Download Promoting Access to Medical Technologies and Innovation - Intersections between Public Health, Intellectual Property and Trade Book in PDF, Epub and Kindle

This study has emerged from an ongoing program of trilateral cooperation between WHO, WTO and WIPO. It responds to an increasing demand, particularly in developing countries, for strengthened capacity for informed policy-making in areas of intersection between health, trade and IP, focusing on access to and innovation of medicines and other medical technologies.