TRIPS-plus Patentschutzklauseln in bilateralen Freihandelsabkommen der EU : Ihre Auswirkungen auf den Zugang zu Arzneimitteln und das internationale Regime zum Schutz geistigen Eigentums / von Dr. jur. Clemens Keim.

Book

xvii, 344 pages ; 21 cm

9783452290243 Print

G 25 KEI.T

Access to affordable medicines, particularly in developing countries, has always been a contentious issue within the WTO. This was particularly evident in the 2001 Doha Round, in which this issue was a major point of contention between developing and industrialized countries. At the same time, a new trend in world trade law can be observed over the past 15 years. After a peak in multilateralization was reached with the founding of the WTO, the process of international cooperation has turned into its opposite again through the conclusion of numerous bilateral and regional free trade agreements (FTAs) - a phenomenon that is also known as "mushrooming of FTAs". The work links these two topics by considering so-called TRIPS-plus clauses in FTAs ​​and examining their impact on access to cheap medicines. For the first time, she chooses an approach that includes current and future legal developments as well as political science research. Based on a comprehensive comparison of TRIPS-plus clauses in FTAs ​​of the European Union and the United States, she considers the FTAs ​​not only individually and in isolation, but rather as parts of a coherent strategy of the industrialized countries. In this way and by making use of findings from political science research, the work enables a look at the development of the multilateral legal framework de lege ferenda. In summary, the work presents the status quo in an unprecedented scope, makes findings from political science research on international negotiations usable for the legal debate on free trade agreements and thus not only enables a look at the importance of FTAs ​​for access to medicines, but also for the further development of international protection of intellectual property.

Includes bibliographical references and index.

Schriftenreihe zum gewerblichen Rechtsschutz ; Band 195.

Köln : Carl Heymanns Verlag, 2017.

German