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Intellectual Property Law and Access to Medicines: TRIPS Agreement, Health, and Pharmaceuticals

Intellectual Property Law and Access to Medicines: TRIPS Agreement, Health, and Pharmaceuticals

  • 作者:
  • 出版商: Routledge
  • ISBN: 9781032009704
  • 出版时间 January 2023
  • 规格: Paperback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
  • Hardback Edition ISBN: 9780367436384

List Price: ¥434.28

¥421.25 Save ¥13.03 (3%)

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  • 描述 
  • 大纲 
  • 详细

    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 rights to the present, this book documents the role of different sets of actors - such as 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 TRIPS, as it galvanized non-state and non-business 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 life-saving 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 non-governmental and international organizations.

  • Introduction - Access to Medicine and TRIPS Agreement: A Historiographic Mapping of the Tradescape
    Srividhya Ragavan and Amaka Vanni

    Part I: International Norm Setting and Patent Metamorphosis: First Generation
    1. World Trade Organization: A Barrier to Global Public Health?
    Srividhya Ragavan
    2. World Health Organization: Contributions to Access to Health and TRIPS Agreement Discourse
    Susan Isiko Štrba
    3. From TRIPS to Access to Medicines: What’s There in Between?
    Sergio Napolitano
    4. Free Trade Agreements: Longer, Further, Deeper Impact on Pharmaceutical Patents
    Bryan Mercurio
    5. From the TPP to USMCA: A High-Powered Battle over Biologics
    Burcu Kilic
    6. African Union Continental Free Trade Area: Opportunities for New Regional Discourse?
    J. Janewa Osei-Tutu
    7. U.S. Litigated Government Funded Patents in Europe and Japan: A First Look
    Teo Firpo and Michael S. Mireles

    Part II: State Action and the Access to Medicine Debate: Second Generation
    8. Brazil: Patent Barriers and Access to Medicine through Public Health System
    Gabriela Costa Chaves, Maria Auxiladora Oliveira, and Jorge Antonio Zepeda Bermudez
    9. China: From Struggle to Surge: China's TRIPS Experience and its Lessons for Access to Medicines
    Peter K. Yu
    10. Canada: Access to Medicine in High-Income Countries
    Gaëlle Groux and Jeremy de Beer
    11. India: Pharmaceutical Patents and Evergreen Battle for Access to Medicine
    Anand Grover
    12. South Africa’s Three Decades of Access to Medicine Discourse: Blight or Benefit
    Caroline B. Ncube
    13. Thailand: Shooting Star for Access to Medicine through Compulsory Licensing
    Van Anh Le
    14. United States: Unilateral Norm Setting Using Special 301
    Michael Palmedo

    Part III: Global Patterns and Emerging Issues: Third Generation
    15. Access to Medicines Activism: Collaboration, Conflicts, and Complementarities
    Brook K. Baker
    16. GTPI: Experiences to Overcome IP Barriers to Increase Access to Medicine
    Felipe de Carvalho Borges da Fonseca, Marcela Fogaça Vieira, and Pedro Villardi
    17. Private Sector: Right to Health Responsibilities of Pharmaceutical Companies
    Emmanuel Kolawole Oke
    18. Competition: Can Excessive Pricing be Fixed through Abuse of Dominant Position?
    Shirin Syed
    19. The Unique World of Pharmaceutical Intellectual Property Rights
    Emily Michiko Morris
    20. Innovation Policies: Roadblocks to Establishing Sustainable Pharmaceutical Innovation Policies
    Doris Estelle Long
    21. Not Just Patents and Data Exclusivity: The Role of Trademarks in Integrated IP Strategy – Where Lies the Public Interest?
    Graham Dutfield
    22. Indigenous Knowledge: Bridging with Modern Medicine
    Anthony C. K. Kakooza
    23. Digital Divide and Access to Medicine: The Debate
    Swaraj Paul Barooah

    Part IV: COVID-19 and Access to Medicines
    Lessons from COVID-19 for Medicine Access
    Amaka Vanni

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