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

Edited by: Srividhya Ragavan, Amaka Vanni

ISBN13: 9781032009704
Published: January 2023
Publisher: Routledge
Country of Publication: UK
Format: Paperback (Hardback in 2021)
Price: £36.99
Hardback edition , ISBN13 9780367436384



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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.

Subjects:
Intellectual Property Law
Contents:
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

Series: Law, Development and Globalization

Hybridity: Law, Culture and Development ISBN 9781138673427
Published February 2017
Routledge
£150.00
Hybridity: Law, Culture and Development (eBook) ISBN 9781317202899
Published February 2017
Routledge
Out of print
Law and Society in Latin America: A New Map ISBN 9781138685925
Published May 2016
Routledge
£49.99
Law and Society in Latin America: A New Map (eBook) ISBN 9781136002489
Published September 2014
Routledge
Out of print
Law and Society in Latin America: A New Map ISBN 9780415854047
Published September 2014
Routledge
£145.00
Out of print
£145.00
Social Movements, Law and the Politics of Land Reform ISBN 9780415477710
Published April 2013
Routledge
£125.00
Lawyers and the Rule of Law in an Era of Globalization ISBN 9780415628761
Published May 2012
Routledge
£49.99
Lawyers and the Construction of Transnational Justice ISBN 9780415581189
Published October 2011
Routledge
£145.00
Lawyers and the Construction of Transnational Justice (eBook) ISBN 9781136643859
Published October 2011
Routledge
Out of print
Lawyers and the Rule of Law in an Era of Globalization (eBook) ISBN 9780203831359
Published February 2011
Routledge
Out of print
Lawyers and the Rule of Law in an Era of Globalization (eBook) ISBN 9781136828737
Published February 2011
Routledge
Out of print
Lawyers and the Rule of Law in an Era of Globalization ISBN 9780415581172
Published February 2011
Routledge
£145.00
Global Perspectives on the Rule of Law ISBN 9780415589598
Published July 2010
Routledge
£56.99
Publication Abandoned