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Patents for drugs and the right to development in international Law


Owoeye, OA, Patents for drugs and the right to development in international Law, Law and Development Review, 8, (1) pp. 69-97. ISSN 1943-3867 (2015) [Refereed Article]

Copyright Statement

Copyright 2015 De Gruyter

DOI: doi:10.1515/ldr-2014-0029


This article explores the connection of health to human and socioeconomic development and the protection of pharmaceutical patents. It examines the concept of development and the right to development in international law in the context of access to medicines and patents protection. The provisions of the General Agreement on Tariffs and Trade (GATT) and the Agreement on Trade Related aspects of Intellectual Property Rights (TRIPS Agreement) that are significant to the pursuit of development are discussed. The article argues that there is a cognisable right to development in international law that is well recognised in international trade law and the pursuit of development should be duly taken into account in the negotiation and implementation of trade and IP agreements. The article highlights the potential danger in eroding the flexibilities in the TRIPS Agreement through the negotiation of free trade agreements and emphasises the need for IP and trade agreements to sufficiently accommodate and recognise legitimate measures genuinely taken to enhance national development. It is argued that developing countries should have a national IP implementation plan that can effectively enhance their human development objectives.

Item Details

Item Type:Refereed Article
Keywords:intellectual property, international law, development
Research Division:Law and Legal Studies
Research Group:Law in context
Research Field:Law and society and socio-legal research
Objective Division:Expanding Knowledge
Objective Group:Expanding knowledge
Objective Field:Expanding knowledge in law and legal studies
UTAS Author:Owoeye, OA (Mr Olasupo Owoeye)
ID Code:105536
Year Published:2015
Web of Science® Times Cited:1
Deposited By:Faculty of Law
Deposited On:2016-01-07
Last Modified:2017-02-15

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