A Human Rights Framework for Intellectual Property, Innovation and Access to Medicines

ISBN-13: 9781472410610 / Angielski / Twarda / 2015 / 300 str.

Joo Young Lee

Opis

This book examines the relationship between intellectual property in pharmaceuticals and access to medicines from a human rights perspective, with a view to contributing to the development of a human rights framework that can guide States in enacting and implementing intellectual property law and policy. The study primarily explores whether conflicts between patents and human rights in the context of access to medicines are inevitable, or whether patents can be made to serve human rights. What could be a normative framework that human rights might provide for patents and innovation? Joo-Young Lee argues that it is necessary to have a deepened understanding of each of the two sets of norms that govern this issue, that is, patent law and international human rights law. The chapters investigate the relevant dimensions of patent law, and analyse particular human rights bearing upon the issue of intellectual property and access to medicines. This study will be of great interest to academic specialists, practitioners or professionals in the fields of human rights, trade, and intellectual property, as well as policy makers, activists, and health professionals across the world working in intellectual property and human rights.

Recenzje

’This book explores one of the most controverted fields of enquiry in international human rights law, but also in the discussion of intellectual property law. The author provides an extraordinarily broad and comprehensive picture of the many issues involved, and in lucid style displays mastery of many of the problems encountered. The study is soundly researched, well-structured and convincingly argued, and will undoubtedly leave its mark on the scientific community, and should influence lawyers, academics, practitioners and treaty-monitoring bodies alike.’ Eibe Riedel, Visiting Professor at the Geneva Academy of Humanitarian Law and Human Rights, Switzerland, and former Swiss Chair of Human Rights ’Intellectual property laws should not impede States’ compliance with their core obligation to ensure universal access to affordable essential medicines. This carefully written book adds a comprehensive human rights framework to international efforts to find the right balance between two different value systems. Warmly recommended.’ Hans V. Hogerzeil, University of Groningen, The Netherlands, and former Director of Essential Medicines and Pharmaceutical Policies, World Health Organization

Spis treści

Introduction; Chapter 1 Historical Overview of Patents; Chapter 2 Perspectives on Patents; Chapter 3 Public Health Safeguards in the TRIPS Agreement; Chapter 4 Human Right to Access to Medicines; Chapter 5 The Right to Science and Culture; Chapter 6 Relationship between TRIPS and International Human Rights Law in the Context of Access to Medicines; Chapter 7 Human Rights, Intellectual Property, Innovation and Access to Medicines; Chapter 101 Conclusion;

O autorze

Dr Joo-Young Lee is an advisor at the Human Rights Centre at Seoul National University in South Korea. She has published in English on various aspects of international human rights law.