Compulsory Patent Licensing And Access To Medicines A Silver Bullet Approach To Public Health


Compulsory Patent Licensing And Access To Medicines A Silver Bullet Approach To Public Health
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Compulsory Patent Licensing And Access To Medicines A Silver Bullet Approach To Public Health


Compulsory Patent Licensing And Access To Medicines A Silver Bullet Approach To Public Health
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Author : Van Anh Le
language : en
Publisher: Springer Nature
Release Date : 2021-10-06

Compulsory Patent Licensing And Access To Medicines A Silver Bullet Approach To Public Health written by Van Anh Le and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-06 with Political Science categories.


This timely monograph focuses on India and Brazil’s use of compulsory licensing, one of the most significant and controversial TRIPS flexibilities. This is a topical work at this critical time when the COVID-19 has stirred up the debate about compulsory licensing and access to medicines. A closer look into the historical use of compulsory licences in certain countries can offer some takeaways for the current situation. The author studies historical developments and political conditions of the patent system and compulsory licensing from the earliest stage to the modern arena, with a great emphasis on TRIPS. After conducting a cross-national study of India and Brazil, the book moves on to evaluate the different philosophies on compulsory licensing of multilateral organizations such as the EU, the WIPO, the WTO, and NGOs. This important book will strongly appeal to intellectual property students, academics, policymakers, and lawyers practicing in the area. It will also be of interest to academics working in the areas of international law, development, and public health as well as state actors and others with relevant concerns working in multilateral organizations.



Negotiating Health


Negotiating Health
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Author : Pedro Roffe
language : en
Publisher: Taylor & Francis
Release Date : 2012-04-27

Negotiating Health written by Pedro Roffe and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-04-27 with Medical categories.


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.



Intellectual Property Pharmaceuticals And Public Health


Intellectual Property Pharmaceuticals And Public Health
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Author : Kenneth C. Shadlen
language : en
Publisher: Edward Elgar Publishing
Release Date : 2011-01-01

Intellectual Property Pharmaceuticals And Public Health written by Kenneth C. Shadlen 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 2011-01-01 with Medical categories.


'This impressive collection offers fascinating new perspectives on the impact of pharmaceutical patents on access to medicines in developing countries. The volume's editors have put together an important book that sets out clearly the challenges to public health in a wide range of national contexts. The book will be a valuable text for all scholars and decision-makers interested in the global politics of intellectual property rights and public health.' – Duncan Matthews, Queen Mary, University of London, UK This up-to-date book examines pharmaceutical development, access to medicines, and the protection of public health in the context of two fundamental changes that the global political economy has undergone since the 1970s, the globalization of trade and production and the increased harmonization of national regulations on intellectual property rights. With authors from eleven different countries presenting case studies of national experiences in Africa, Asia and the Americas, the book analyzes national strategies to promote pharmaceutical innovation, while at the same time assuring widespread access to medicines through generic pharmaceutical production and generic pharmaceutical importation. The expert chapters focus on patents as well as an array of regulatory instruments, including pricing and drug registration policies. Presenting in-depth analysis and original empirical research, this book will strongly appeal to academics and students of intellectual property, international health, international political economy, international development and law.



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
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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.



Intellectual Property Law And Access To Medicines


Intellectual Property Law And Access To Medicines
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Author : Srividhya Ragavan
language : en
Publisher: Routledge
Release Date : 2021-07-28

Intellectual Property Law And Access To Medicines written by Srividhya Ragavan and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-07-28 with Law categories.


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.



Patent Rights In Pharmaceuticals In Developing Countries


Patent Rights In Pharmaceuticals In Developing Countries
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Author : Jakkrit Kuanpoth
language : en
Publisher: Edward Elgar Publishing
Release Date : 2010-01-01

Patent Rights In Pharmaceuticals In Developing Countries written by Jakkrit Kuanpoth 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 2010-01-01 with Medical categories.


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.



Intellectual Property And Health Technologies


Intellectual Property And Health Technologies
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Author : Joanna T. Brougher
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-11-08

Intellectual Property And Health Technologies written by Joanna T. Brougher and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-11-08 with Medical categories.


Intellectual Property and Health Technologies Balancing Innovation and the Public's Health Joanna T. Brougher, Esq., MPH At first glance, ownership of intellectual property seems straightforward: the control over an invention or idea. But with the recent explosion of new scientific discoveries poised to transform public health and healthcare systems, costly and lengthy patent disputes threaten both to undermine the attempts to develop new medical technologies and to keep potentially life-saving treatments from patients who need them. Intellectual Property and Health Technologies grounds readers in patent law and explores how scientific research and enterprise are evolving in response. Geared specifically to the medical disciplines, it differentiates among forms of legal protection for inventors such as copyrights and patents, explains their limits, and argues for balance between competing forces of exclusivity and availability. Chapters delve into the major legal controversies concerning medical and biotechnologies in terms of pricing, markets, and especially the tension between innovation and access, including: The patent-eligibility of genes The patent-eligibility of medical process patents The rights and roles of universities and inventors The balancing of access, innovation, and profit in drug development The tension between biologics, small-molecule drugs, and their generic counterparts International patent law and access to medicine in the developing world As these issues continue to shape and define the debate, Intellectual Property and Health Technologies enables professionals and graduate students in public health, health policy, healthcare administration, and medicine to understand patent law and how it affects the development of medical technology and the delivery of medicine.



Patents Compulsory Licences And Access To Medicines


Patents Compulsory Licences And Access To Medicines
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Author : Martin Khor
language : en
Publisher:
Release Date : 2007

Patents Compulsory Licences And Access To Medicines written by Martin Khor and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Agreement on Trade-Related Aspects of Intellectual Property Rights categories.




Hiv Gender And The Politics Of Medicine


Hiv Gender And The Politics Of Medicine
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Author : Elizabeth Mills
language : en
Publisher: Policy Press
Release Date : 2024-04-29

Hiv Gender And The Politics Of Medicine written by Elizabeth Mills and has been published by Policy Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-04-29 with Social Science categories.


Scholars in International Development, Anthropology (Social Anthropology and Medical Anthropology), Political Science, Women’s and Gender Studies and Global Health Studies.



Trips And Access To Medicines


Trips And Access To Medicines
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Author : Renata Curzel
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2020-12-10

Trips And Access To Medicines written by Renata Curzel and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-10 with Law categories.


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.