Regional Cooperation, Intellectual Property Law, and Access to Medicines PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Regional Cooperation, Intellectual Property Law, and Access to Medicines PDF full book. Access full book title Regional Cooperation, Intellectual Property Law, and Access to Medicines by Tolulope Anthony Adekola. Download full books in PDF and EPUB format.
Author: Tolulope Anthony Adekola
Publisher:
ISBN: 9781032379043
Category : Agreement on Trade-Related Aspects of Intellectual Property Rights
Languages : en
Pages : 0
Get Book Here
Book Description
"This book examines the potential for regionalization of intellectual property law and policy as a means of improving pharmaceutical access for least developed countries. The challenge of sustainable access to pharmaceuticals continues to be an issue of global significance. While much has been written on emerging economies in this context, least developed countries have been largely overlooked. This book fills this gap by taking the East African Community as a case study of developing and least developed countries to illustrate why and how a regional collective approach is preferred. It adopts a holistic approach in finding sustainable solutions to both IP and non-IP barriers to pharmaceutical access across a range of inter-related issues through a regional cooperative scheme. It evaluates factors that are necessary for successful regional cooperation, such as legal and policy coherence, WTO rule compliance, the threat of protectionism, regional competition rules, and so on, in order to produce relevant legal and policy recommendations to both existing and intending regional coalitions desiring to improve pharmaceutical access. It also looks beyond the scope of IP barriers to pharmaceutical access, examining non-IP-related factors such as pharmaceutical market intelligence, local pharmaceutical manufacturing capacity, economies of scale and purchasing power, medical regulation and quality assurance, technology transfer, and market size amongst others. The book will be an invaluable resource for academics, researchers and policy-makers working in the areas of Public Health Law, International Trade Law, Intellectual Property Law and Development Studies"--
Author: Tolulope Anthony Adekola
Publisher:
ISBN: 9781032379043
Category : Agreement on Trade-Related Aspects of Intellectual Property Rights
Languages : en
Pages : 0
Get Book Here
Book Description
"This book examines the potential for regionalization of intellectual property law and policy as a means of improving pharmaceutical access for least developed countries. The challenge of sustainable access to pharmaceuticals continues to be an issue of global significance. While much has been written on emerging economies in this context, least developed countries have been largely overlooked. This book fills this gap by taking the East African Community as a case study of developing and least developed countries to illustrate why and how a regional collective approach is preferred. It adopts a holistic approach in finding sustainable solutions to both IP and non-IP barriers to pharmaceutical access across a range of inter-related issues through a regional cooperative scheme. It evaluates factors that are necessary for successful regional cooperation, such as legal and policy coherence, WTO rule compliance, the threat of protectionism, regional competition rules, and so on, in order to produce relevant legal and policy recommendations to both existing and intending regional coalitions desiring to improve pharmaceutical access. It also looks beyond the scope of IP barriers to pharmaceutical access, examining non-IP-related factors such as pharmaceutical market intelligence, local pharmaceutical manufacturing capacity, economies of scale and purchasing power, medical regulation and quality assurance, technology transfer, and market size amongst others. The book will be an invaluable resource for academics, researchers and policy-makers working in the areas of Public Health Law, International Trade Law, Intellectual Property Law and Development Studies"--
Author: Rochelle Dreyfuss
Publisher: OUP Oxford
ISBN: 0191664669
Category : Law
Languages : en
Pages : 992
Get Book Here
Book Description
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.
Author:
Publisher: World Health Organization
ISBN: 9240008268
Category : Social Science
Languages : en
Pages : 352
Get Book Here
Book Description
Author: Srividhya Ragavan
Publisher: Routledge
ISBN: 1000398706
Category : Law
Languages : en
Pages : 522
Get Book Here
Book Description
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.
Author: Atangcho N Akonumbo
Publisher: Pretoria University Law Press
ISBN:
Category : Law
Languages : en
Pages : 545
Get Book Here
Book Description
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.
Author: Pedro Roffe
Publisher: Taylor & Francis
ISBN: 1136560491
Category : Medical
Languages : en
Pages : 314
Get Book Here
Book Description
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.
Author: Carlos M. Correa
Publisher: Springer Nature
ISBN: 3030831140
Category : Health economics
Languages : en
Pages : 373
Get Book Here
Book Description
"This book is an outcome of a partnership between the Max Planck Institute (MPI) for Innovation and Competition and the South Centre, which jointly organized a Global Forum on Intellectual Property, Access to Medicine and Innovation in Munich on 9-10 December 2019"--Page v
Author: World Intellectual Property Organization
Publisher: WIPO
ISBN: 9280531743
Category : Law
Languages : en
Pages : 352
Get Book Here
Book Description
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.
Author: Renata Curzel
Publisher: Kluwer Law International B.V.
ISBN: 9403528745
Category : Law
Languages : en
Pages : 325
Get Book Here
Book Description
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.
Author: Kenneth C. Shadlen
Publisher: Edward Elgar Publishing
ISBN: 0857938614
Category : Medical
Languages : en
Pages : 353
Get Book Here
Book Description
'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.
