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

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.

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: Joo-Young Lee
Publisher: Routledge
Total Pages: 300
Release: 2016-03-09
Genre: Law
ISBN: 1317187814

This book examines the relationship between intellectual property in pharmaceuticals and access to medicines from a human rights perspective, with a view to contributing to the development of a human rights framework that can guide States in enacting and implementing intellectual property law and policy. The 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. What could be a normative framework that human rights might provide for patents and innovation? Joo-Young Lee 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. This study will be of great interest to academic specialists, practitioners or professionals in the fields of human rights, trade, and intellectual property, as well as policy makers, activists, and health professionals across the world working in intellectual property and human 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

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.

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

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.

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

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

Intellectual property, trade, human rights and access to medicines in Africa: A Reader

Intellectual property, trade, human rights and access to medicines in Africa: A Reader
Author: Atangcho N Akonumbo
Publisher: Pretoria University Law Press
Total Pages: 545
Release: 2022-01-01
Genre: Law
ISBN:

Intellectual property, trade, human rights and access to medicines in Africa: A reader by Atangcho N Akonumbo explores the current debates and conflicts pertaining to intellectual property (IP), trade and access to medicines in Africa as a public health issue, in a public health context. The Reader has a broad focus running across fourteen chapters. It examines the complex web of access to medicines, while introducing major concepts pertaining to access to medicines such as IP, trade, medicine and human rights, and provides a historical overview of the nexus between IP and human rights. It establishes the link between human rights, IP and access to medicines within the context of developing countries broadly and Africa in particular. The Reader discusses key flexibilities within the international IP framework championed by the TRIPS Agreement to enhance access to medicines, including compulsory licensing and parallel importation, while addressing impediments therein which provoked the Doha Declaration and arrangements thereafter. Also, it examines issues such as the implications of data exclusivity and linkage techniques; the role of anti-counterfeiting and competition laws in checking the effect of IP regimes; current threats to access to medicines at the international, regional and national levels such as the influence of regional or bilateral trade agreements; and research and development in respect of medicines for neglected and (re)emerging infectious diseases. It discusses the contributions of naturopathic and traditional medicines as parallel and complementary systems to modern medicine in the access to medicines landscape in the African context. The Reader further addresses the implications of the difficulty of access to medicines for women, children and other social minorities such as disabled persons and Lesbian, Gay, Bisexual, and Transgender (LGBT) persons. This Reader comes at a critical time, and potentially, a turning point in the history of public health crisis in Africa – when concerns about access to medicines have been heightened in the face of (re)emerging diseases and today the Covid-19 pandemic – a situation which has revealed gross lapses in public health governance. It is written in a simple language, making its content accessible to a wide audience. It contains informative and useful graphs, text boxes and illustrative excerpts from various primary and secondary sources. The Reader is likely to become an invaluable tool for a wide range of persons and institutions, including academics, students, legal practitioners, health professionals, drug procurement agencies, civil society organisations and the public at large, involved or interested in the access to medicines discourse.

Intellectual Property and Access to Medicines in Africa

Intellectual Property and Access to Medicines in Africa
Author: Olasupo Owoeye
Publisher: Routledge
Total Pages: 301
Release: 2019-05-17
Genre: Law
ISBN: 0429799225

A major target of Goal 3 of the Sustainable Development Goals adopted by the United Nations in 2015 is the elimination of ‘the epidemics of AIDS, tuberculosis, malaria and neglected tropical diseases’ and combating ‘hepatitis, water-borne diseases and other communicable diseases’. Intellectual property (IP) has been identified as one of the factors impeding access to affordable medicines in developing countries, especially in relation to the HIV pandemic. This book examines the scope of the existing flexibilities in international IP law for promoting access to medicines. It analyses the factors accounting for the underutilisation of the flexibilities in Africa and the measures that African countries may adopt to address the IP barriers to access to medicines. It explores the regional strategies that Africa can adopt to resolve the tension between IP regimes and access to medicines. It also highlights how trade liberalisation and regional integration can play crucial roles in enhancing the use of TRIPS flexibilities, local pharmaceutical manufacturing and access to medicines in Africa. By adopting qualitative research methods to investigate how African countries may effectively use IP to serve public health purposes through the stratagem of regional integration, this book will be a valuable contribution to the existing literature on IP.

The Rights-Based Approach to Intellectual Property and Access to Medicine

The Rights-Based Approach to Intellectual Property and Access to Medicine
Author: Smita Narula
Publisher:
Total Pages: 0
Release: 2014
Genre:
ISBN:

Access to essential medicines is a fundamental component of the human right to adequate health. In the face of global pandemics, rising drug costs continue to attract a great deal of attention and have opened up a space for the broader conversation around the interaction of states' human rights obligations with their international financial commitments, particularly in the realm of trade and intellectual property. Patent protections can interfere with access to medicine in critical ways, resulting in a “global drug gap” wherein novel drugs are often inaccessible to most of the world's population. It has been suggested that the human right to health offers a valuable framework for addressing this gap. This Paper will appear in a forthcoming collection entitled “Balancing Wealth and Health: Global Administrative Law and the Battle over Intellectual Property and Access to Medicines in Latin America” (Rochelle Dreyfuss and César Rodríguez Garavito, eds.). It analyzes the parameters and pitfalls of a rights-based approach to access to medicines, focusing on the work of international human rights bodies, mechanisms, and procedures on the question of balancing intellectual property and human rights. Part I outlines both the broad and specific parameters of the rights-based approach to intellectual property and access to medicine, while Part II addresses the impediments and obstacles to implementing such an approach in practice. These obstacles arise in connection to key inter-related deficits in international human rights law around the issues of legitimacy, accountability, and domestic capacity. The Paper concludes that the full and equitable realization of the right to adequate health depends greatly on the capacity and political inclination of domestic actors to enforce international norms.

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

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.