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Parallel Trade in the Exhaustion Doctrine in Intellectual Property Law: Implications for Access to Medicines
Citation
Owoeye, O, Parallel Trade in the Exhaustion Doctrine in Intellectual Property Law: Implications for Access to Medicines, Contemporary Private Law, International Assocation of IT Lawyers, S Kierkegaard (ed), Denmark, pp. 538-551. ISBN 9788799485413 (2012) [Research Book Chapter]
Copyright Statement
Copyright 2012 International Association of IT Lawyers
Official URL: http://www.iaitl.org/publications.html
Abstract
This paper takes a look at the vexed issues of exhaustion of
intellectual property rights and parallel importation and the extent to
which these can actually be expedient in facilitating access to medicines
in the developing world. It examines the legal framework for exhaustion
of rights in public international law and how it relates to the idea of
parallel importation (otherwise known as parallel trade). It equally
considers the concept of geographical differential pricing which strikes to
achieve market segmentation by ensuring that goods are charged
according to the purchasmg powers of a given market. The paper
highlights the emerging conflicts between the concept of parallel
importation and the differential pricing phenomenon as well as the role of
competition policy in addressing the access to medicines conundrum in
developmg countries. The implication of the Anti-Counterfeiting Trade
Agreement for parallel trade in pharmaceuticals is briefly examined and
the paper concludes by arguing that parallel trade is an important
mechanIsm for making medicines available at cheaper rates and
governments all over the world should endeavour to put a restraint on
adopting measures that would frustrate it.
Item Details
Item Type: | Research Book Chapter |
---|---|
Research Division: | Law and Legal Studies |
Research Group: | Other law and legal studies |
Research Field: | Other law and legal studies not elsewhere classified |
Objective Division: | Law, Politics and Community Services |
Objective Group: | Justice and the law |
Objective Field: | Justice and the law not elsewhere classified |
UTAS Author: | Owoeye, O (Mr Olasupo Owoeye) |
ID Code: | 80117 |
Year Published: | 2012 |
Deposited By: | Law |
Deposited On: | 2012-10-23 |
Last Modified: | 2014-08-20 |
Downloads: | 6 View Download Statistics |
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