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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


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


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


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


The ‘Rule of Reason’ and the Right to Health: Integrating Human Rights and Competition Principles in the Context of TRIPS

Frederick M Abbott

in Human Rights and International Trade

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199285822
eISBN:
9780191700378
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199285822.003.0015
Subject:
Law, Public International Law

This chapter looks at the manner in which human rights may affect the application of competition rules and principles in the context of the TRIPS Agreement. The analysis begins by observing that ... More


The ICESCR in State Public Policy-making within the World Trade System

Diane A. Desierto

in Public Policy in International Economic Law: The ICESCR in Trade, Finance, and Investment

Published in print:
2015
Published Online:
April 2015
ISBN:
9780198716938
eISBN:
9780191785634
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198716938.003.0003
Subject:
Law, Public International Law, Company and Commercial Law

This chapter analyses the interaction of various political institutions and treaty gateways in the world trade system to maintain States’ regulatory freedoms to protect public policy objectives. It ... 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


The WTO Appellate Body and the TRIPS Agreement

Daniel Gervais

in THE GLOBAL COMMUNITY YEARBOOK OF INTERNATIONAL LAW AND JURISPRUDENCE 2016

Published in print:
2017
Published Online:
October 2017
ISBN:
9780190848194
eISBN:
9780190848217
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190848194.003.0012
Subject:
Law, Public International Law

This contribution reviews the role of the World Trade Organization’s (WTO) Appellate Body—a part of its dispute-settlement mechanism—in interpreting the Agreement on Trade-Related Aspects of ... More


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