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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.
Book Synopsis Patents, Human Rights, and Access to Medicines by : Emmanuel Kolawole Oke
Download or read book Patents, Human Rights, and Access to Medicines written by Emmanuel Kolawole Oke and published by Cambridge University Press. This book was released on 2022-03-03 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
An exploration of the tension between human rights and patent law, with reference to developing countries' access to affordable medicines.
Book Synopsis Patents, Human Rights, and Access to Medicine by : Emmanuel Kolawole Oke
Download or read book Patents, Human Rights, and Access to Medicine written by Emmanuel Kolawole Oke and published by Cambridge University Press. This book was released on 2022-03-03 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt: An exploration of the tension between human rights and patent law, with reference to developing countries' access to affordable medicines.
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.
Book Synopsis Transnational Legal Orders by : Terence C. Halliday
Download or read book Transnational Legal Orders written by Terence C. Halliday and published by Cambridge University Press. This book was released on 2015-01-19 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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.
Book Synopsis Human Rights and the WTO by : Holger Hestermeyer
Download or read book Human Rights and the WTO written by Holger Hestermeyer and published by Oxford University Press, USA. This book was released on 2007 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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.
Book Synopsis A Human Rights Framework for Intellectual Property, Innovation and Access to Medicines by : Dr Joo-Young Lee
Download or read book A Human Rights Framework for Intellectual Property, Innovation and Access to Medicines written by Dr Joo-Young Lee and published by Ashgate Publishing, Ltd.. This book was released on 2015-07-28 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Millions of people worldwide lack adequate access to medicines, particularly in developing countries where resources are scarce with devastating human, social and economic consequences. The example of HIV/AIDS, for which treatment has advanced so significantly in the last decade that a diagnosis no longer necessarily brings with it a death sentence, highlights the importance of ensuring that essential medicines are affordable and accessible to all. This book focuses on one aspect of access to medicines: the affordability of essential medicines, and its connection to human rights and patents. The argument often made is that patent protection for medicines results in higher prices which negatively impacts access. Patients having no or inadequate access to affordable medicines endangers the full realisation of human rights, particularly the right to health. This book investigates this issue from a legal perspective, taking both an international and domestic angle. This study examines the interface of access to affordable medicines and patent protection from the perspective of international human rights law and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) within the framework of the World Trade Organisation. The essential question posed by this book is whether access to medicines and patent protection conflict or coexist. The discussion is deepened by including a developing country approach. Three country studies have been conducted, on South Africa, India and Uganda. These aim to provide a concrete insight into whether these countries recognise and acknowledge the interplay between patents and human rights with respect to access to medicines. Secondly these studies examine whether TRIPS leaves sufficient freedom for (developing) states to adopt a patent system suited to their domestic needs, enabling them to strike a fair balance between access to medicines and patent protection for medicines. In other words: does one size fit all?This book is targeted at both academics and human rights practitioners, including government officials, human rights advocates and NGOs. It goes further than a mere theoretical discussion on the issue from an international law perspective by providing an in-depth examination of domestic (legal) frameworks relevant for the issue of access to medicines. It illustrates that the normative force of human rights in combination with social movement can provide a powerful tool for prioritising the health ne ...
Book Synopsis Access to Medicines by : Jennifer Anna Sellin
Download or read book Access to Medicines written by Jennifer Anna Sellin and published by . This book was released on 2014 with total page 493 pages. Available in PDF, EPUB and Kindle. Book excerpt: Millions of people worldwide lack adequate access to medicines, particularly in developing countries where resources are scarce with devastating human, social and economic consequences. The example of HIV/AIDS, for which treatment has advanced so significantly in the last decade that a diagnosis no longer necessarily brings with it a death sentence, highlights the importance of ensuring that essential medicines are affordable and accessible to all. This book focuses on one aspect of access to medicines: the affordability of essential medicines, and its connection to human rights and patents. The argument often made is that patent protection for medicines results in higher prices which negatively impacts access. Patients having no or inadequate access to affordable medicines endangers the full realisation of human rights, particularly the right to health. This book investigates this issue from a legal perspective, taking both an international and domestic angle. This study examines the interface of access to affordable medicines and patent protection from the perspective of international human rights law and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) within the framework of the World Trade Organisation. The essential question posed by this book is whether access to medicines and patent protection conflict or coexist. The discussion is deepened by including a developing country approach. Three country studies have been conducted, on South Africa, India and Uganda. These aim to provide a concrete insight into whether these countries recognise and acknowledge the interplay between patents and human rights with respect to access to medicines. Secondly these studies examine whether TRIPS leaves sufficient freedom for (developing) states to adopt a patent system suited to their domestic needs, enabling them to strike a fair balance between access to medicines and patent protection for medicines. In other words: does one size fit all?This book is targeted at both academics and human rights practitioners, including government officials, human rights advocates and NGOs. It goes further than a mere theoretical discussion on the issue from an international law perspective by providing an in-depth examination of domestic (legal) frameworks relevant for the issue of access to medicines. It illustrates that the normative force of human rights in combination with social movement can provide a powerful tool for prioritising the health ne ...
The issue of how patents impact medicine has increased in significance within the last decade.The book provides an explanation of the current international infrastructure and explains how competing patent perspectives play a thus far unacknowledged role in promoting distortion and confusion.
Book Synopsis Access to Medicine in the Global Economy by : Cynthia Ho
Download or read book Access to Medicine in the Global Economy written by Cynthia Ho and published by Oxford University Press. This book was released on 2011-04-21 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: The issue of how patents impact medicine has increased in significance within the last decade.The book provides an explanation of the current international infrastructure and explains how competing patent perspectives play a thus far unacknowledged role in promoting distortion and confusion.
Book Synopsis TRIPS and Access to Medicines by : Renata Curzel
Download or read book TRIPS and Access to Medicines written by Renata Curzel and published by . This book was released on 2021 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Book Synopsis TRIPS and Access to Medicines by : Renata Curzel
Download or read book TRIPS and Access to Medicines written by Renata Curzel and published by Kluwer Law International B.V.. This book was released on 2020-12-10 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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.
Book Synopsis A Human Rights Framework for Intellectual Property, Innovation and Access to Medicines by : Joo-Young Lee
Download or read book A Human Rights Framework for Intellectual Property, Innovation and Access to Medicines written by Joo-Young Lee and published by Routledge. This book was released on 2016-03-09 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
