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Pharmaceutical Patent Protection And World Trade Law
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Book Synopsis Pharmaceutical Patent Protection and World Trade Law by : Jae Sundaram
Download or read book Pharmaceutical Patent Protection and World Trade Law written by Jae Sundaram and published by Routledge. This book was released on 2018-05-08 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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.
Book Synopsis Contemporary Issues in Pharmaceutical Patent Law by : Bryan Mercurio
Download or read book Contemporary Issues in Pharmaceutical Patent Law written by Bryan Mercurio and published by Routledge. This book was released on 2017-02-17 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Book Synopsis The WTO and India's Pharmaceuticals Industry by : Sudip Chaudhuri
Download or read book The WTO and India's Pharmaceuticals Industry written by Sudip Chaudhuri and published by Oxford University Press, USA. This book was released on 2005 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 patentprotection 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 prevednted developing countries like India from realizing their potential of industrial growth and drug prices wereamong the highest in the world.The book analyses:* the remarkable growth of the Indian pharmaceutical industry since the early 1970s when product patent protection in pharmaceu ticals was abolished* whether the claimed benefits for developing countries, under TRIPS, have materialized* what can be done, if as apprehended, the prices of patent protected drugs rise* whether, and to what extent, developing countries have been able to use the provisions and the flexibilities promised under TRIPSThe volume will be of interest not only to academics but also to policymakers, pharma companies, business analysts, students, NGOs, and others interested in the impact of globalization under WTO.
Book Synopsis Intellectual Property and Public Health in the Developing World by : Monirul Azam
Download or read book Intellectual Property and Public Health in the Developing World written by Monirul Azam and published by Open Book Publishers. This book was released on 2016-05-30 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: Across the world, developing countries are attempting to balance the international standards of intellectual property concerning pharmaceutical patents against the urgent need for accessible and affordable medicines. In this timely and necessary book, Monirul Azam examines the attempts of several developing countries to walk this fine line. He evaluates the experiences of Brazil, China, India, and South Africa for lessons to guide Bangladesh and developing nations everywhere. Azam's legal expertise, concern for public welfare, and compelling grasp of principal case studies make Intellectual Property and Public Health in the Developing World a definitive work. The developing world is striving to meet the requirements of the World Trade Organization's TRIPS Agreement on intellectual property. This book sets out with lucidity and insight the background of the TRIPS Agreement and its implications for pharmaceutical patents, the consequences for developing countries, and the efforts of certain representative nations to comply with international stipulations while still maintaining local industry and public health. Azam then brings the weight of this research to bear on the particular case of Bangladesh, offering a number of specific policy recommendations for the Bangladeshi government—and for governments the world over. Intellectual Property and Public Health in the Developing World is a must-read for public policy-makers, academics and students, non-governmental organizations, and readers everywhere who are interested in making sure that developing nations meet the health care needs of their people.
Book Synopsis Health Technologies and International Intellectual Property Law by : Phoebe Li
Download or read book Health Technologies and International Intellectual Property Law written by Phoebe Li and published by Routledge. This book was released on 2013-12-17 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: The global transmission of infectious diseases has fuelled the need for a more developed legal framework in international public health to provide prompt and specific guidance during a large-scale emergency. This book develops a means for States to take advantage of the flexibilities of compulsory licensing in the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which promotes access to medicines in a public health emergency. It presents the precautionary approach (PA) and the structure of risk analysis as a means to build a workable reading of TRIPS and to help States embody the flexibilities of intellectual property (IP). The work investigates the complementary roles of the World Health Organization (WHO) and the World Trade Organization (WTO) in order to promote the harmonisation of the precautionary approach in relation to the patenting of crucial pharmaceutical products. By bringing together international trade law and intellectual property law Phoebe Li demonstrates how through the use of risk analysis and the precautionary approach, States can still comply with their legal obligations in international law, while exercising their sovereignty right in issuing a compulsory licence of a drug patent in an uncertain public health emergency. This book will be of great interest to students and academics of medical and healthcare law, intellectual property law, international trade law, and human rights law.
Book Synopsis The Political Economy of Pharmaceutical Patents by : Sherry S. Marcellin
Download or read book The Political Economy of Pharmaceutical Patents written by Sherry S. Marcellin and published by Routledge. This book was released on 2016-02-24 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The TRIPs Agreement - Legal Implementation on Patent Protection and Resulting Impacts on LDCs by : Sven Löhr
Download or read book The TRIPs Agreement - Legal Implementation on Patent Protection and Resulting Impacts on LDCs written by Sven Löhr and published by GRIN Verlag. This book was released on 2008-12-02 with total page 45 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seminar paper from the year 2008 in the subject Business economics - Law, grade: 2,0, University of Hamburg, 62 entries in the bibliography, 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.
Book Synopsis Intellectual Property, Public Policy and International Trade by : Inge Govaere
Download or read book Intellectual Property, Public Policy and International Trade written by Inge Govaere and published by Peter Lang. This book was released on 2007 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rising importance and continuous expansion of intellectual property protection quite naturally goes together with increasing concern about the legal and political foundations of such enhanced protection. Nowhere does the basic equation which underlies intellectual property, namely that the pursuit of short term private interest by the holders of such property will satisfy the public interest in the long term, become both more visible, but also questionable than at the crossroads between the grant and enforcement of exclusive rights with international trade. Catchphrases, such as patent protection and access to essential medicines, or access to genetic resources, benefit sharing and economic development, stand for fundamental tensions and conflicts between private property and the public interest. This book presents the contributions that have been made on these and related topics by a group of internationally renowned experts at a workshop held at the College of Europe, Bruges.
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:
Book Synopsis Promoting Access to Medical Technologies and Innovation - Intersections between Public Health, Intellectual Property and Trade by : World Intellectual Property Organization
Download or read book Promoting Access to Medical Technologies and Innovation - Intersections between Public Health, Intellectual Property and Trade written by World Intellectual Property Organization and published by WIPO. This book was released on 2013 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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.
Download or read book Negotiating Health written by Pedro Roffe and published by Earthscan. This book was released on 2012 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: In developing countries, access to affordable medicines for the treatment of diseases such as AIDS and malaria remains a matter of life or death. In Africa, for instance, more than one million children die each year from malaria alone, a figure which could soon be far higher with the extension of patent rules for pharmaceuticals. Previously, access to essential medicines was made possible by the supply of much cheaper generics, manufactured largely by India; from 2005, however, the availability of these drugs is threatened as new WTO rules take effect. Halting the spread of malaria and HIV/AIDS is one of the eight Millennium Goals adopted at the UN Millennium Summit, which makes this a timely and topical book.Informed analysis is provided by internationally renowned contributors who look at the post-2005 world and discuss how action may be taken to ensure that intellectual property regimes are interpreted and implemented in a manner supportive to the right to protect public health and, in particular, to promote access to medicines for all.
Book Synopsis Patent Rights in Pharmaceuticals in Developing Countries by : Jakkrit Kuanpoth
Download or read book Patent Rights in Pharmaceuticals in Developing Countries written by Jakkrit Kuanpoth and published by Edward Elgar Publishing. This book was released on 2010-01-01 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book engages with a broad range of new case studies, providing a detailed examination of options for the resolution of access-to-medicine issues at global, national and local levels. In addition, the book reflects the significant progress in international and national patent law and in international policy-making in this area.
Book Synopsis Balancing Wealth and Health by : Rochelle Dreyfuss
Download or read book Balancing Wealth and Health written by Rochelle Dreyfuss and published by OUP Oxford. This book was released on 2014-03-13 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Intellectual Property Law and Access to Medicines by : Srividhya Ragavan
Download or read book Intellectual Property Law and Access to Medicines written by Srividhya Ragavan and published by Taylor & Francis. This book was released on 2021-07-28 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: The history of patent harmonization is a story of dynamic actors, whose interactions with established structures shaped the patent regime. From the inception of the trade regime to include intellectual property (IP) rights to the present, this book documents the role of different sets of actors – states, transnational business corporations, or civil society groups – and their influence on the structures – such as national and international agreements, organizations, and private entities – that have caused changes to healthcare and access to medication. Presenting the debates over patents, trade, and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), as it galvanized non-state and nonbusiness actors, the book highlights how an alternative framing and understanding of pharmaceutical patent rights emerged: as a public issue, instead of a trade or IP issue. The book thus offers an important analysis of the legal and political dynamics through which the contest for access to lifesaving medication has been, and will continue to be, fought. In addition to academics working in the areas of international law, development, and public health, this book will also be of interest to policy makers, state actors, and others with relevant concerns working in nongovernmental and international organizations.
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.
