This portrait of the global debate over patent law and access to essential medicines focuses on public health concerns about HIV/AIDS, malaria, tuberculosis, the SARS virus, influenza, and diseases of poverty. The essays explore the diplomatic negotiations and disputes in key international fora, such as the World Trade Organization, the World Health Organization and the World Intellectual Property Organization. Drawing upon international trade law, innovation policy, intellectual property law, health law, human rights and philosophy, the authors seek to canvass policy solutions which encourage and reward worthwhile pharmaceutical innovation while ensuring affordable access to advanced medicines. A number of creative policy options are critically assessed, including the development of a Health Impact Fund, prizes for medical innovation, the use of patent pools, open-source drug development and forms of 'creative capitalism'.
Formatted Contents Note
Introduction: Access to essential medicines: public health and international law Part I: International trade 1. TRIPS and essential medicines: must one size fit all? Making the WTO responsive to the global health crisis 2. The TRIPS Waiver as a recognition of public health concerns in the WTO 3. Public law challenges to the regulation of pharmaceutical patents in the US bilateral free trade agreements 4. Global health and development: patents and public interest Part II: Innovation 5. The Health Impact Fund: better pharmaceutical innovations at much lower prices 6. The Health Impact Fund: a critique 7. A prize system as a partial solution to the health crisis in the developing world 8. Innovation and insufficient evidence: the case for a WTO–WHO Agreement on Health Technology Safety and Cost-Effectiveness Evaluation Part III: Intellectual property 9. Opening the dam: patent pools, innovation and access to essential medicines 10. Open Source drug discovery: a revolutionary paradigm or a Utopian model? 11. Accessing and benefit sharing avian influenza viruses through the World Health Organization: a CBD and TRIPS compromise thanks to Indonesia’s sovereignty claim? 12. The Lazarus Effect: the (RED) Campaign and creative capitalism Part IV: Healthcare 13. Beyond TRIPS: the role of non-state actors and access to essential medicines 14. Securing health through rights 15. The role of national laws in reconciling constitutional right to health with TRIPS obligations: an examination of the Glivec patent case in India 16. Tipping point: Thai compulsory licences redefine essential medicines debate Bibliography Index
Source of Description
Description based on print version record.
Published
Cambridge, England, UK : Cambridge University Press, 2010.