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Access to Medicine as a Human Right

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/9780199552177.003.0003
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter begins with a background note on international human rights law and the right to health — the most commonly mentioned basis for a right to access to medicine — as well as human rights ... More


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


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


A History of Access to Medicine Through the Lens of Patent Perspectives

Cynthia M. Ho

in Access to Medicine in the Global Economy: International Agreements on Patents and Related Rights

Published in print:
2011
Published Online:
May 2011
ISBN:
9780195390124
eISBN:
9780199894536
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195390124.003.0012
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter provides a broader view of the development of international laws impacting the protection of drugs. Whereas prior chapters focused primarily on how patent-owning companies impact these ... More


Compulsory License Case Study: An Introduction to Competing Patent Perspectives

Cynthia M. Ho

in Access to Medicine in the Global Economy: International Agreements on Patents and Related Rights

Published in print:
2011
Published Online:
May 2011
ISBN:
9780195390124
eISBN:
9780199894536
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195390124.003.0007
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter builds upon the basic rules for compulsory licenses under TRIPS (Chapter 5) and also provides a complementary examination of compulsory licenses. It introduces competing patent ... 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


Freedom under TRIPS: India as an Example

Cynthia M. Ho

in Access to Medicine in the Global Economy: International Agreements on Patents and Related Rights

Published in print:
2011
Published Online:
May 2011
ISBN:
9780195390124
eISBN:
9780199894536
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195390124.003.0005
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter illustrates how individual nations may promote access to medicine while still complying with TRIPS, using India's patent laws as an example. As noted earlier, TRIPS requirements are not ... 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


Looking Toward the Future

Cynthia M. Ho

in Access to Medicine in the Global Economy: International Agreements on Patents and Related Rights

Published in print:
2011
Published Online:
May 2011
ISBN:
9780195390124
eISBN:
9780199894536
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195390124.003.0013
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter focuses on possible new approaches to dealing with the longstanding problem of how patents may impact short-term access to medicine. To emphasize why new approaches are necessary, it ... More


Conclusion

Fran Quigley

in Prescription for the People: An Activist's Guide to Making Medicine Affordable for All

Published in print:
2017
Published Online:
September 2018
ISBN:
9781501713750
eISBN:
9781501713910
Item type:
chapter
Publisher:
Cornell University Press
DOI:
10.7591/cornell/9781501713750.003.0024
Subject:
Anthropology, Medical Anthropology

The campaign for access to HIV/AIDS medicines was history’s most successful health rights campaign, and a model for modern-day advocacy for access to essential medicines. A growing access to ... More


An Overview of “TRIPS-Plus” Standards

Cynthia M. Ho

in Access to Medicine in the Global Economy: International Agreements on Patents and Related Rights

Published in print:
2011
Published Online:
May 2011
ISBN:
9780195390124
eISBN:
9780199894536
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195390124.003.0009
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter provides an overview of international developments since TRIPS that further impact access to medicine. In particular, some countries are now required to adopt higher standards than those ... More


The Unequals: National Realities and Patent Regimes of the Developing World

Srividhya Ragavan

in Patent and Trade Disparities in Developing Countries

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199840670
eISBN:
9780199949786
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199840670.003.0002
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter takes a look at the problems associated with patent development within developing countries, specifically Brazil and India. The first half of the chapter discusses the patent regime in ... More


Pharmaceutical Geographies: Mapping the Boundaries of the Therapeutic Revolution

Jeremy A. Greene

in Therapeutic Revolutions: Pharmaceuticals and Social Change in the Twentieth Century

Published in print:
2016
Published Online:
May 2017
ISBN:
9780226390734
eISBN:
9780226390901
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226390901.003.0007
Subject:
History, History of Science, Technology, and Medicine

This chapter traces how a new critique of differential access to therapeutics developed in American domestic health policy and approaches to international development over the course of the 1960s and ... More


The Dispute Settlement Understanding: Interpretation of the Substantive Features of the TRIPS Agreement

Graeme B. Dinwoodie and Rochelle C. Dreyfuss

in A Neofederalist Vision of TRIPS: The Resilience of the International Intellectual Property Regime

Published in print:
2012
Published Online:
May 2012
ISBN:
9780195304619
eISBN:
9780199933273
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195304619.003.0003
Subject:
Law, Intellectual Property, IT, and Media Law, Private International Law

This Chapter analyzes the decisions of the Dispute Settlement Body (DSB) in intellectual property cases to assess whether national laws can be adapted to reflect diversity, balance and historical ... More


Brazil and the Case of Patents and Access to Medicines: A Medical Condition?

Mônica Steffen Guise Rosina and Adelina de Oliveira Novaes

in Balancing Wealth and Health: The Battle over Intellectual Property and Access to Medicines in Latin America

Published in print:
2014
Published Online:
May 2014
ISBN:
9780199676743
eISBN:
9780191756283
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199676743.003.0003
Subject:
Law, Intellectual Property, IT, and Media Law, Competition Law

This chapter examines the regulation of patents and access to medicines in Brazil. It demonstrates the incoherence of Brazil's approach, that is, national legislative and political choices do not ... More


The Rights-Based Approach to Intellectual Property and Access to Medicine: Parameters and Pitfalls

Smita Narula

in Balancing Wealth and Health: The Battle over Intellectual Property and Access to Medicines in Latin America

Published in print:
2014
Published Online:
May 2014
ISBN:
9780199676743
eISBN:
9780191756283
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199676743.003.0012
Subject:
Law, Intellectual Property, IT, and Media Law, Competition Law

This chapter provides an overview of the rights-based approach to access to medicines, focusing on the work of international human rights bodies, mechanisms, and procedures on the question of ... More


After McKeown: The Changing Roles of Biomedicine, Public Health, and Economic Growth in Mortality Declines

Paul Farmer, Matthew Basilico, and Luke Messac

in Therapeutic Revolutions: Pharmaceuticals and Social Change in the Twentieth Century

Published in print:
2016
Published Online:
May 2017
ISBN:
9780226390734
eISBN:
9780226390901
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226390901.003.0008
Subject:
History, History of Science, Technology, and Medicine

This chapter refigures narratives of the mid-twentieth century “therapeutic revolution” as a geographically uneven process and explores how an equity platform—that is, an actionable plan by which ... More


The World Trade Organization: Carving Out the Right to Health to Promote Access to Medicines and Tobacco Control in the Trade Arena

Suerie Moon and Thirukumaran Balasubramaniam

in Human Rights in Global Health: Rights-Based Governance for a Globalizing World

Published in print:
2018
Published Online:
April 2018
ISBN:
9780190672676
eISBN:
9780190672713
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190672676.003.0018
Subject:
Law, Human Rights and Immigration, Public International Law

The ability of governments to protect and promote health-related human rights can be constrained by international trade rules, including those of the World Trade Organization (WTO). The WTO rules can ... More


Rating Efforts to Extend Access on Essential Medicines: Increasing Global Health Impact1

Nicole Hassoun

in Health Inequalities and Global Justice

Published in print:
2012
Published Online:
January 2013
ISBN:
9780748646920
eISBN:
9780748676682
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748646920.003.0011
Subject:
Political Science, International Relations and Politics

Global inequality impacts global health. The rich can, but the poor cannot, access many of the existing medicines they need. This paper considers the prospects for rating pharmaceutical companies' ... More


Globalization, Intellectual Property Rights, and Pharmaceuticals

Amit Sengupta

in Equity and Access: Health Care Studies in India

Published in print:
2018
Published Online:
July 2019
ISBN:
9780199482160
eISBN:
9780199097746
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199482160.003.0007
Subject:
Sociology, Health, Illness, and Medicine, Social Stratification, Inequality, and Mobility

The chapter examines the impact of globalization on access to affordable medicines in the context of the changing dynamics of the pharmaceutical sector in India, accompanied by major changes in the ... More


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