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Access to Medicine as a Human Right in the WTO Order

Holger Hestermeyer

in Human Rights and the WTO: The Case of Patents and Access to Medicines

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199552177
eISBN:
9780191706936
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199552177.003.0005
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter begins by discussing the extent to which human rights can be applied in WTO dispute settlement, finding that they can only be used as an aid to interpreting the ‘covered agreements’. It ... More


Harmonization of Intellectual Property Rights

Junji Nakagawa

in International Harmonization of Economic Regulation

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199604661
eISBN:
9780191731679
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199604661.003.0005
Subject:
Law, Public International Law

This chapter analyzes international harmonization of intellectual property rights, tracing its history from the Paris (1883) and Berne Conventions (1886) to the WIPO (World Intellectual Property ... More


Trips 3.0: Policy Calibration and Innovation Displacement

Daniel J Gervais

in Developing Countries in the WTO Legal System

Published in print:
2009
Published Online:
September 2009
ISBN:
9780195383614
eISBN:
9780199855445
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195383614.003.0014
Subject:
Law, Public International Law

This chapter considers the impact of the TRIPS Agreement on development, including how it can and should be measured. It then considers whether the medium- and long-term impact of TRIPS might be to ... More


Human Rights and the WTO: The Case of Patents and Access to Medicines

Holger Hestermeyer

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199552177
eISBN:
9780191706936
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199552177.001.0001
Subject:
Law, Human Rights and Immigration, Public International Law

This study examines the alleged conflict of WTO law with international human rights law, using a prominent example of such a conflict: that between international patent law, i.e., the TRIPS ... More


Background of the Debate

Holger Hestermeyer

in Human Rights and the WTO: The Case of Patents and Access to Medicines

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199552177
eISBN:
9780191706936
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199552177.003.0001
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter discusses the facts that called attention to the conflict between the TRIPS Agreement and access to medicine. The public discussion was initially triggered by the pricing decision of the ... More


Patent Law

Holger Hestermeyer

in Human Rights and the WTO: The Case of Patents and Access to Medicines

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199552177
eISBN:
9780191706936
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199552177.003.0002
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter describes the patent component of the conflict between the TRIPS Agreement and access to medicine. It provides the necessary background in patent law, its history, and rationales and ... More


Conflict between Patents and Access to Medicine

Holger Hestermeyer

in Human Rights and the WTO: The Case of Patents and Access to Medicines

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199552177
eISBN:
9780191706936
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199552177.003.0004
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter starts by demonstrating in economic terms that pharmaceutical patents result in higher prices in developing countries, thus constituting a barrier to access to medicine in those ... More


TRIPS and the Right to Health

Sarah Joseph

in Blame it on the WTO?: A Human Rights Critique

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199565894
eISBN:
9780191728693
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199565894.003.0008
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter examines the impact of the Agreement on Trade Related Aspects of Intellectual Property (TRIPS) on the right to health, particularly the debate regarding the impact of global patent rules ... More


The International Obligation to Secure the Right to Health

John Tobin

in The Right to Health in International Law

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199603299
eISBN:
9780191731662
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199603299.003.0010
Subject:
Law, Public International Law

States have an international obligation to cooperate for the purpose of realizing the right to health. This chapter examines the nature of this obligation and concludes that it consists of three ... More


Special and Differential Treatment in the WTO Agreements: A Legal Analysis

Sonia E. Rolland

in Development at the World Trade Organization

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199600885
eISBN:
9780191738364
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199600885.003.0007
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter examines the legal nature of Special and Differential Treatment (SDT) provisions in the WTO agreements. What rights and obligations do they create and for whom? Using the language of the ... More


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