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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


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


The Poor Nations Harmonize

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/9780199840670.003.0004
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter discusses India's response and reservations during the Uruguay Rounds and notes that India and Brazil both experienced a decreasing diplomatic relationship with the United States. It ... More


Public Welfare and the International Patent System

Ruth L. Okediji

in Patent Law in Global Perspective

Published in print:
2014
Published Online:
May 2014
ISBN:
9780199334278
eISBN:
9780199361106
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199334278.003.0001
Subject:
Law, Intellectual Property, IT, and Media Law

International patent harmonization initiatives have become a mainstay of contemporary international economic relations, as has resistance to those efforts. Since the conclusion of 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


Exhaustion and Patent Rights

Christopher Heath

in Patent Law in Global Perspective

Published in print:
2014
Published Online:
May 2014
ISBN:
9780199334278
eISBN:
9780199361106
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199334278.003.0014
Subject:
Law, Intellectual Property, IT, and Media Law

The concept of exhaustion of patent rights refers to the free circulation of patented goods, normally after their first marketing. The scope of such freedom depends on the doctrinal foundation of the ... More


A New Approach to the Compulsory License Conundrum

Cynthia M. Ho

in Patent Law in Global Perspective

Published in print:
2014
Published Online:
May 2014
ISBN:
9780199334278
eISBN:
9780199361106
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199334278.003.0015
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter addresses the controversial topic of compulsory licenses by considering the international legal framework in conjunction with insights from social science research. The chapter suggests ... More


Intellectual Property Lawmaking, Global Governance, and Emerging Economies

Rochelle C. Dreyfuss

in Patent Law in Global Perspective

Published in print:
2014
Published Online:
May 2014
ISBN:
9780199334278
eISBN:
9780199361106
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199334278.003.0002
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter discusses the role that emerging economies could play in rendering intellectual property law and lawmaking more responsive to changing conditions. At present, neither the North nor the ... More


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