A Human Rights Framework For Intellectual Property Innovation And Access To Medicines
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A Human Rights Framework For Intellectual Property Innovation And Access To Medicines
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Author : Joo-Young Lee
language : en
Publisher: Routledge
Release Date : 2016-03-09
A Human Rights Framework For Intellectual Property Innovation And Access To Medicines written by Joo-Young Lee and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-09 with Law categories.
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.
Intellectual Property Medicine And Health
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Author : Johanna Gibson
language : en
Publisher: Routledge
Release Date : 2017-05-15
Intellectual Property Medicine And Health written by Johanna Gibson and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-05-15 with Law categories.
Intellectual Property, Medicine and Health examines critical issues and debates including access to knowledge and medicinal products, human rights and development, innovations in life technologies and the possibility for ethical frameworks for intellectual property law and its application in public health. The central question of trust and the beneficial interests of society in the use of products of intellectual property, particularly in the fulfillment of the right to access medicinal products, emerge as key to achieving meaningful access to knowledge in health and medicine and the realization of relevant and equitable use of the benefits of scientific research in all societies.
Intellectual Property Medicine And Health
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Author : Johanna Gibson
language : en
Publisher: Routledge
Release Date : 2017-11-23
Intellectual Property Medicine And Health written by Johanna Gibson and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-23 with Law categories.
Intellectual Property, Medicine and Health examines critical issues and debates, including access to knowledge and medicinal products, human rights and development, innovations in life technologies and the possibility for ethical frameworks for intellectual property law and its application in public health. The second edition accounts for recent and in some areas extensive developments in this dynamic and fast-moving field. This edition brings together new and updated examples and analysis in competition and regulation, gene-related inventions and biotechnology, as well as significant cases, including Novartis v Union of India.
Patents Human Rights And Access To Medicine
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Author : Emmanuel Kolawole Oke
language : en
Publisher: Cambridge University Press
Release Date : 2022-03-03
Patents Human Rights And Access To Medicine written by Emmanuel Kolawole Oke and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-03-03 with Law categories.
An exploration of the tension between human rights and patent law, with reference to developing countries' access to affordable medicines.
Intellectual Property And Access To Medicines In Africa
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Author : Olasupo Owoeye
language : en
Publisher: Routledge
Release Date : 2019-05-17
Intellectual Property And Access To Medicines In Africa written by Olasupo Owoeye and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-17 with Law categories.
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.
Intellectual Property Human Rights And Competition
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Author : Abbe Elizabeth Lockhart Brown
language : en
Publisher: Edward Elgar Publishing
Release Date : 2012-01-01
Intellectual Property Human Rights And Competition written by Abbe Elizabeth Lockhart Brown and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-01-01 with Law categories.
ÔAbbe BrownÕs new work provides a welcome and extremely valuable addition of the human rights dimension to the long standing conflict over essential technologies between intellectual property and competition law.Õ Ð Steven Anderman, University of Essex, UK and University of Stockholm, Sweden ÔMuch has been written on the flexibilities available within the intellectual property system to address development and social needs. This book goes a step further: it explores how greater access to essential technologies can be ensured through human rights and competition law. Although the analysis is focused on UK and the European Union, the book provides valuable insights for assessing the situation in other jurisdictions. The author suggests an innovative approach for courts and legislators to overcome, in the light of public interest considerations, the limits imposed by intellectual property rights. This book is a much welcomed contribution to academic and policy debates on the subject.Õ Ð Carlos M. Correa, University of Buenos Aires, Argentina ÔIntellectual property interacts (or clashes?) with human rights and competition law. The refreshing bit about this book is that a detailed practical approach to the inevitable balancing act is proposed. Abbe Brown explains how a human rights approach is the cornerstone of such a balancing approach and how positive results can be achieved towards unblocking essential technologies. And it can be done in the existing international legal framework, even if the latter could be improved. Well-researched, challenging and interesting reading!Õ Ð Paul Torremans, University of Nottingham, UK ÔAbbe BrownÕs study starts from the assumption that IP right owners, particularly those of innovative technologies, dispose of a disproportionate strong legal position in relation to that of competitors and customers, which is detrimental to society at large. Brown investigates how the power of the IP right owners can be limited by applying existing human rights law and competition law. To that aim it is suggested to widen the legal landscape and to develop a more tripartite substantive approach to IP law, human rights law and competition law. BrownÕs study offers a very welcome new contribution to the literature on the functioning of IP law, by stressing the joint role which competition law and human rights law can play in this respect.Õ Ð F. Willem Grosheide, Utrecht University and Attorney at law, Van Doorne Amsterdam, The Netherlands This detailed book explores the relationship between intellectual property, competition and human rights. It considers the extent to which they can and must be combined by decision makers, and how this approach can foster innovation in key areas for society Ð such as pharmaceutical drugs, communications software and technology to combat climate change. The author argues that these three legal fields are strongly interrelated and that they can be used to identify essential technologies. She demonstrates that in some cases, combining the fields can deliver new bases for wider access to be provided to technologies. The solutions developed are strongly based on existing laws, with a focus on the UK and the EU and the structures of existing forms of dispute resolution, including the European Court of Human Rights and the dispute settlement bodies of the World Trade Organisation. The final chapters also suggest opportunities for further engagement at international policy and activist level, new approaches to IP and its treaties, and wider adoption of the proposals. This timely book will appeal to academics and practitioners in IP, competition and human rights, as well as innovation-related industry groups and access to knowledge, health and environment activists.
Intellectual Property Trade Human Rights And Access To Medicines In Africa A Reader
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Author : Atangcho N Akonumbo
language : en
Publisher: Pretoria University Law Press
Release Date : 2022-01-01
Intellectual Property Trade Human Rights And Access To Medicines In Africa A Reader written by Atangcho N Akonumbo and has been published by Pretoria University Law Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-01-01 with Law categories.
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.
Promoting Access To Medical Technologies And Innovation Intersections Between Public Health Intellectual Property And Trade
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Author : World Intellectual Property Organization
language : en
Publisher: WIPO
Release Date : 2013
Promoting Access To Medical Technologies And Innovation Intersections Between Public Health Intellectual Property And Trade written by World Intellectual Property Organization and has been published by WIPO this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Law categories.
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.
A Human Rights Framework For Intellectual Property Innovation And Access To Medicines
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Author : Joo-Young Lee
language : en
Publisher: Routledge
Release Date : 2016-03-09
A Human Rights Framework For Intellectual Property Innovation And Access To Medicines written by Joo-Young Lee and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-09 with Law categories.
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.
Intellectual Property Rights In Times Of Crisis
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Author : Jens Schovsbo
language : en
Publisher: Edward Elgar Publishing
Release Date : 2024-02-12
Intellectual Property Rights In Times Of Crisis written by Jens Schovsbo and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-02-12 with Law categories.
The book investigates varying experiences from the pandemic, providing a unique prism for assessing how IP balances competing requirements of innovation and access in times of crisis. Providing novel insight into the underlying principles of IP and how these cope under extreme pressures, Intellectual Property Rights in Times of Crisis will be an ideal read for scholars and students of intellectual property as well as those with an interest in health law and disaster law and health care law.