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Patents for drugs and the right to development in international Law
Citation
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
Abstract
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 |
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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 |
Downloads: | 0 |
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