Health Technologies And International Intellectual Property Law


Health Technologies And International Intellectual Property Law
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Health Technologies And International Intellectual Property Law


Health Technologies And International Intellectual Property Law
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Author : Phoebe Li
language : en
Publisher: Routledge
Release Date : 2013-12-17

Health Technologies And International Intellectual Property Law written by Phoebe Li and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-12-17 with Law categories.


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.



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.



Health Technologies And International Intellectual Property


Health Technologies And International Intellectual Property
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Author : Phoebe Li
language : en
Publisher:
Release Date : 2014

Health Technologies And International Intellectual Property written by Phoebe Li and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with LAW categories.


From the late twentieth century onwards, several global virus transmissions have exposed the lack of a mature legal framework in international public health to provide prompt, concrete and specific guidance during a large-scale emergency. This book brings together international trade law and intellectual property law to show how risk analysis and a precautionary approach should be taken in the intellectual property regime to enable states to issue a compulsory licence of a drug patent in order to enhance access to medicines in a public health emergency.



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 : 2020-07-28

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 2020-07-28 with Law categories.


This study seeks to reinforce the understanding of the interplay between the distinct policy domains of health, trade and intellectual property, and of how they affect medical innovation and access to medical technologies. The second edition comprehensively reviews new developments in key areas since the initial launch of the study in 2013.



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.



Patent Law And Intellectual Property In The Medical Field


Patent Law And Intellectual Property In The Medical Field
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Author : Aggarwal, Rashmi
language : en
Publisher: IGI Global
Release Date : 2017-06-30

Patent Law And Intellectual Property In The Medical Field written by Aggarwal, Rashmi and has been published by IGI Global this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-06-30 with Law categories.


The growing presence of technology has created significant changes within the healthcare industry. With the ubiquity of these technologies, there is now an increasing need for more advanced legal procedures. Patent Law and Intellectual Property in the Medical Field is a pivotal reference source for the latest research in support of developing convergent and interoperable systems to increase awareness and applicability of legal aspects in the medical field. Featuring extensive coverage on relevant areas such as compulsory licensing, parallel importing, and protection law, this publication is an ideal resource for researchers, medical and law professionals, academics, graduate students, and practitioners engaged in medical practice.



Promoting Access To Medical Technologies And Innovation


Promoting Access To Medical Technologies And Innovation
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Author : World Trade Organization WTO
language : en
Publisher:
Release Date : 2020-08-25

Promoting Access To Medical Technologies And Innovation written by World Trade Organization WTO and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-08-25 with categories.


International cooperation on public health is inherently multi-dimensional, with a focus on building effective health systems. Towards this goal, the World Health Organization (WHO), the World Intellectual Property Organization (WIPO) and the World Trade Organization (WTO) have been working closely together, along with other international partners, for almost two decades to support global endeavours to improve health outcomes. As part of their efforts to help countries develop the capacity to deal with multi-dimensional challenges in the public health sector, the three organizations have launched the second edition of the trilateral study on Promoting Access to Medical Technologies and Innovation. Access to essential medicines and the lack of research to address neglected diseases have been a major concern for many years. To promote innovation and to ensure equitable access to all vital medical technologies, such as medicines, vaccines and medical devices, policy-makers need a clear understanding of the innovation processes that lead to new technologies and the ways in which these technologies are disseminated. This publication seeks to improve understanding of the interplay between the distinct policy domains of health, trade and intellectual property, and how they affect medical innovation and access to medical technologies. This second edition captures new developments in key areas since the launch of the first study in 2013. Among the new topics covered in this edition are antimicrobial resistance and cutting-edge health technologies. The publication provides updated data on health, innovation trends in the pharmaceutical sector, and trade and tariffs relating to medical products. It includes an updated overview of access to medical technologies globally and key provisions in regional trade agreements. It also takes account of developments in intellectual property legislation and jurisprudence. Since this study was completed prior to the COVID-19 outbreak, a standalone section on COVID-19 was added at the start of the publication to map the multiple challenges posed by the pandemic in relation to the integrated health, trade and IP policy frameworks set out in the study. It guides the reader to the parts of the main text that are particularly relevant to the issues raised during the pandemic. The publication is the result of a collaborative effort by the WHO, WIPO and the WTO, drawing together the three secretariats' respective areas of expertise. It is intended to inform ongoing technical cooperation activities undertaken by the three organizations and to support policy discussions. Drawing on longstanding experiences in joint technical cooperation activities, the publication has been prepared to serve the needs of policy-makers as well as lawmakers, government officials, delegates to international organizations, non-governmental organizations and researchers.



Global Dimensions Of Intellectual Property Rights In Science And Technology


Global Dimensions Of Intellectual Property Rights In Science And Technology
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Author : National Research Council
language : en
Publisher: National Academies Press
Release Date : 1993-02-01

Global Dimensions Of Intellectual Property Rights In Science And Technology written by National Research Council and has been published by National Academies Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993-02-01 with Political Science categories.


As technological developments multiply around the globeâ€"even as the patenting of human genes comes under serious discussionâ€"nations, companies, and researchers find themselves in conflict over intellectual property rights (IPRs). Now, an international group of experts presents the first multidisciplinary look at IPRs in an age of explosive growth in science and technology. This thought-provoking volume offers an update on current international IPR negotiations and includes case studies on software, computer chips, optoelectronics, and biotechnologyâ€"areas characterized by high development cost and easy reproducibility. The volume covers these and other issues: Modern economic theory as a basis for approaching international IPRs. U.S. intellectual property practices versus those in Japan, India, the European Community, and the developing and newly industrializing countries. Trends in science and technology and how they affect IPRs. Pros and cons of a uniform international IPRs regime versus a system reflecting national differences.



Intellectual Property Human Rights And Competition


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.



Emerging Issues In Intellectual Property


Emerging Issues In Intellectual Property
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Author : Guido Westkamp
language : en
Publisher: Edward Elgar Publishing
Release Date : 2007

Emerging Issues In Intellectual Property written by Guido Westkamp 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 2007 with Law categories.


. . . the book is a well-presented collection of scholarly articles on diverse, stimulating topics. . . The levels of explanation and detail vary from chapter-to-chapter and so the reader will probably find the book most helpful to consult for key topics of interest. . . The breadth of the book means that students, academics and interested practitioners should find areas that will appeal. Frederick Chen, European Intellectual Property Review Together the essays cover some of the most topical issues in IP and related fields, and should therefore be of immense interest and value to any serious student of the subject. The Commonwealth Lawyer It is an extremely thought-provoking book, crammed full of excellent papers which are genuinely original, and push forward the boundaries of their retrospective topics. . . the book is without doubt worth purchasing for anyone interested in IP theory, pharmaceuticals or traditional knowledge. . . the papers are of incredibly good quality. . . a few of those alone make the book worth purchasing. My impromptu rating system will therefore award it 5 out of 5 stars. James Griffin, Communications Law This book covers an extensive range of critical issues in modern Intellectual Property (IP) law under three broad headings: Technology, Market Freedom and the Public Domain; Intellectual Property and International Trade; Traditional Knowledge, Technology and Resources. Uniting contributions at the cutting edge of IP research, the authors, all former or current members and associates of the Queen Mary Intellectual Property Research Institute, University of London, address a number of diverse topics in relation to existing copyright, trademark and patent law. They examine political and juridical issues in fields such as geographical indications and traditional knowledge, agriculture and information technology, pharmaceuticals and access to medicines, human rights and IP strategy. The book will appeal to academics, researchers, students, and to practitioners concerned with all areas of intellectual property.