Pharmaceutical Patent Protection And World Trade Law
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Author | : Jae Sundaram |
Publisher | : Routledge |
Total Pages | : 255 |
Release | : 2018-05-08 |
Genre | : Law |
ISBN | : 1351973827 |
Download Pharmaceutical Patent Protection and World Trade Law Book in PDF, Epub and Kindle
Patents, including pharmaceutical patents, enjoy extended protection for twenty years under the TRIPs Agreement. The Agreement has resulted in creating a two-tier system of the World Trade Organisation Member States, and its implementation has seen the price of pharmaceutical products skyrocket, putting essential medicines beyond the reach of the common man. The hardest hit populations come from the developing and least developed countries, which have either a weak healthcare system or no healthcare at all, where access to essential and affordable medicines is extremely difficult to achieve. Pharmaceutical Patent Protection and World Trade Law studies the problems faced by these countries in obtaining access to affordable medicines for their citizens in light of the TRIPS Agreement. It explores the opportunities that are still open for some developing countries to utilise the flexibilities available under the TRIPS Agreement in order to mitigate the damage caused by it. The book also examines the interrelationship between the world governing bodies, and the right to health contained in some of the developing country’s national constitutions.
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.
Author | : Bryan Mercurio |
Publisher | : Routledge |
Total Pages | : 271 |
Release | : 2017-02-17 |
Genre | : Law |
ISBN | : 1317389786 |
Download Contemporary Issues in Pharmaceutical Patent Law Book in PDF, Epub and Kindle
This collection reflects on contemporary and contentious issues in international rulemaking in regards to pharmaceutical patent law. With chapters from both well-established and rising scholars, the collection contributes to the understanding of the regulatory framework governing pharmaceutical patents as an integrated discipline through the assessment of relevant laws, trends and policy options. Focusing on patent law and related pharmaceutical regulations, the collection addresses the pressing issues governments face in an attempt to resolve policy dilemmas involving competing interests, needs and objectives. The common theme running throughout the collection is the need for policy and law makers to think and act in a systemic manner and to be more reflective and responsive in finding new solutions within and outside the patent system to the long-standing problems as well as emerging challenges
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.
Author | : Sudip Chaudhuri |
Publisher | : Oxford University Press, USA |
Total Pages | : 384 |
Release | : 2005 |
Genre | : Business & Economics |
ISBN | : |
Download The WTO and India's Pharmaceuticals Industry Book in PDF, Epub and Kindle
The establishment of the World Trade Organization (WTO) in 1995 brought about significant changes in international economic relations between countries. To comply with the Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement of the WTO, India introduced product patent protection in pharmaceuticals from January 2005. TRIPS has generated a huge controversy in India and abroad. India has emerged as a major source of low-cost, quality drugs for the entire world and thus plays an important role. While there are a large number of pharmaceutical manufacturers in the world, only a handful of multinationals dominate the industry. By using patent rights, multinational companies prevented developing countries like India from realizing their potential of industrial growth and drug prices were among the highest in the world.
Author | : Sven Löhr |
Publisher | : GRIN Verlag |
Total Pages | : 48 |
Release | : 2008-12-02 |
Genre | : Business & Economics |
ISBN | : 3640224248 |
Download The TRIPs Agreement - Legal Implementation on Patent Protection and Resulting Impacts on LDCs Book in PDF, Epub and Kindle
Seminar paper from the year 2008 in the subject Business economics - Law, grade: 2,0, University of Hamburg, language: English, abstract: The following article shall give an overview of the TRIPs Agreement and the concept to protect intellectual property. The pharmaceutical production and the abuse of rights are the main focus of this work. During the analysis of the articles and the exemplification of the conflictive interests of the developing and the industrial countries the problem of compulsory licences in the pharmaceutical sector will illustrate the problematic situation in the area of patent protection in pharmaceutics. Finally, case studies will be integrated to back up the findings.
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.
Author | : |
Publisher | : |
Total Pages | : |
Release | : 1993 |
Genre | : Drugs |
ISBN | : |
Download Patent Protection for Pharmaceutical Products Under the World Trade Organization Agreement and the North American Free Trade Agreement Book in PDF, Epub and Kindle
Author | : Sherry S. Marcellin |
Publisher | : Routledge |
Total Pages | : 227 |
Release | : 2016-02-24 |
Genre | : Political Science |
ISBN | : 1317020804 |
Download The Political Economy of Pharmaceutical Patents Book in PDF, Epub and Kindle
This book provides a fresh, multidisciplinary, and exciting look at the making and remaking of pharmaceutical patents at the GATT/WTO, by utilising a Coxian political economy of continuity and change in the global political economy (GPE). Marcellin focuses on the role of the transnational drug industry in the making of the patent provisions in the original TRIPS Agreement and consequently, the role of the African Group at the WTO in the remaking of those patent provisions.
Author | : United States. Congress. Senate. Committee on the Judiciary |
Publisher | : |
Total Pages | : 310 |
Release | : 1997 |
Genre | : Law |
ISBN | : |
Download Pharmaceutical Patent Issues Book in PDF, Epub and Kindle