Intellectual Property Law and Access to Medicines : TRIPS Agreement, Health, and Pharmaceuticals book cover
1st Edition

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

ISBN 9780367436384
Published July 29, 2021 by Routledge
522 Pages 11 B/W Illustrations

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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.

Table of 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

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Srividhya Ragavan is a Professor of Law and Director of the India Program at Texas A&M University School of Law, Texas, United States.

Amaka Vanni is an Assistant Professor at School of Law, University of Leeds, United Kingdom.