Intellectual Property Trade Human Rights And Access To Medicines In Africa A Reader

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Intellectual property, trade, human rights and access to medicines in Africa: A Reader

Author : Atangcho N Akonumbo
Publisher : Pretoria University Law Press
Page : 545 pages
File Size : 45,5 Mb
Release : 2022-01-01
Category : Law
ISBN : 8210379456XXX

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Intellectual property, trade, human rights and access to medicines in Africa: A Reader by Atangcho N Akonumbo Pdf

Intellectual property, trade, human rights and access to medicines in Africa: A reader by Atangcho N Akonumbo explores the current debates and conflicts pertaining to intellectual property (IP), trade and access to medicines in Africa as a public health issue, in a public health context. The Reader has a broad focus running across fourteen chapters. It examines the complex web of access to medicines, while introducing major concepts pertaining to access to medicines such as IP, trade, medicine and human rights, and provides a historical overview of the nexus between IP and human rights. It establishes the link between human rights, IP and access to medicines within the context of developing countries broadly and Africa in particular. The Reader discusses key flexibilities within the international IP framework championed by the TRIPS Agreement to enhance access to medicines, including compulsory licensing and parallel importation, while addressing impediments therein which provoked the Doha Declaration and arrangements thereafter. Also, it examines issues such as the implications of data exclusivity and linkage techniques; the role of anti-counterfeiting and competition laws in checking the effect of IP regimes; current threats to access to medicines at the international, regional and national levels such as the influence of regional or bilateral trade agreements; and research and development in respect of medicines for neglected and (re)emerging infectious diseases. It discusses the contributions of naturopathic and traditional medicines as parallel and complementary systems to modern medicine in the access to medicines landscape in the African context. The Reader further addresses the implications of the difficulty of access to medicines for women, children and other social minorities such as disabled persons and Lesbian, Gay, Bisexual, and Transgender (LGBT) persons. This Reader comes at a critical time, and potentially, a turning point in the history of public health crisis in Africa – when concerns about access to medicines have been heightened in the face of (re)emerging diseases and today the Covid-19 pandemic – a situation which has revealed gross lapses in public health governance. It is written in a simple language, making its content accessible to a wide audience. It contains informative and useful graphs, text boxes and illustrative excerpts from various primary and secondary sources. The Reader is likely to become an invaluable tool for a wide range of persons and institutions, including academics, students, legal practitioners, health professionals, drug procurement agencies, civil society organisations and the public at large, involved or interested in the access to medicines discourse.

Intellectual Property, Trade, Human Rights and Access to Medicines in Africa: A Reader

Author : Atangcho N Akonumbo
Publisher : Unknown
Page : 0 pages
File Size : 51,6 Mb
Release : 2022
Category : Electronic
ISBN : 1991213174

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Intellectual Property, Trade, Human Rights and Access to Medicines in Africa: A Reader by Atangcho N Akonumbo Pdf

Intellectual property, trade, human rights and access to medicines in Africa: A reader by Atangcho N Akonumbo explores the current debates and conflicts pertaining to intellectual property (IP), trade and access to medicines in Africa as a public health issue, in a public health context. The Reader has a broad focus running across fourteen chapters. It examines the complex web of access to medicines, while introducing major concepts pertaining to access to medicines such as IP, trade, medicine and human rights, and provides a historical overview of the nexus between IP and human rights. It establishes the link between human rights, IP and access to medicines within the context of developing countries broadly and Africa in particular. The Reader discusses key flexibilities within the international IP framework championed by the TRIPS Agreement to enhance access to medicines, including compulsory licensing and parallel importation, while addressing impediments therein which provoked the Doha Declaration and arrangements thereafter. Also, it examines issues such as the implications of data exclusivity and linkage techniques; the role of anti-counterfeiting and competition laws in checking the effect of IP regimes; current threats to access to medicines at the international, regional and national levels such as the influence of regional or bilateral trade agreements; and research and development in respect of medicines for neglected and (re)emerging infectious diseases. It discusses the contributions of naturopathic and traditional medicines as parallel and complementary systems to modern medicine in the access to medicines landscape in the African context. The Reader further addresses the implications of the difficulty of access to medicines for women, children and other social minorities such as disabled persons and Lesbian, Gay, Bisexual, and Transgender (LGBT) persons. This Reader comes at a critical time, and potentially, a turning point in the history of public health crisis in Africa - when concerns about access to medicines have been heightened in the face of (re)emerging diseases and today the Covid-19 pandemic - a situation which has revealed gross lapses in public health governance. It is written in a simple language, making its content accessible to a wide audience. It contains informative and useful graphs, text boxes and illustrative excerpts from various primary and secondary sources. The Reader is likely to become an invaluable tool for a wide range of persons and institutions, including academics, students, legal practitioners, health professionals, drug procurement agencies, civil society organisations and the public at large, involved or interested in the access to medicines discourse."

Improving Access to HIV/AIDS Medicines in Africa

Author : Patrick Lumumba Osewe,Yvonne Korkoi Nkrumah,Emmanuel K. Sackey
Publisher : World Bank Publications
Page : 84 pages
File Size : 40,9 Mb
Release : 2008-01-01
Category : Business & Economics
ISBN : 9780821375457

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Improving Access to HIV/AIDS Medicines in Africa by Patrick Lumumba Osewe,Yvonne Korkoi Nkrumah,Emmanuel K. Sackey Pdf

The Agreement on Trade Related Aspects of Intellectual Property rights (TRIPS) requires all WTO members to adopt certain minimum standards for the protection of intellectual property rights including the rights of holders of patents for pharmaceutical products. The adoption of the standards delineated by the TRIPS Agreement appears to have resulted in significant loss of public health policy flexibilities for developing country members with respect to regulating the grant and use of pharmaceutical patents and controlling the cost of medicines. The Agreement, however, provides inherent flexibilities that are to enable member countries to take adequate measures to safeguard pubic health. This Study analyzes the extent to which countries in Sub-Saharan Africa have been able to utilize the flexibilities to improve access to HIV/Aids medicines. This is done primarily in relation to the two regional intellectual property organizations, the African Regional Intellectual Property Organization (ARIPO) and Organisation Africaine de la Proprit Intellectuelle (OAPI), bearing in mind the close linkages between the legal instruments of these regional institutions and the domestic laws of their member countries. It has been observed that in spite of the availability of the flexibilities provided by the Agreement, obstacles to implementation in SSA center mainly on lack of awareness and political will and lack of efficient administrative structures and procedures for coordination and decision making. The Study also examines the option of local manufacture of HIV/Aids medicines, based on the experiences of four countries, evaluates challenges to the sustainability of this option in the SSA context andmakes recommendations based on key findings.

Informal Norms in Global Governance

Author : Dr Suerie Moon,Prof Dr Wolfgang Hein
Publisher : Ashgate Publishing, Ltd.
Page : 256 pages
File Size : 52,8 Mb
Release : 2013-03-28
Category : Political Science
ISBN : 9781409470908

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Informal Norms in Global Governance by Dr Suerie Moon,Prof Dr Wolfgang Hein Pdf

Hein and Moon take up a serious problem of contemporary global governance: what can be done when international trade rules prevent the realization of basic human rights? Starting in the 1990s, intellectual property obligations in trade agreements required many developing countries to begin granting medicines patents, which often rendered lifesaving drugs unaffordable. At stake was the question of what priority would be given to health-particularly of some of the world’s poorest people-and what priority to economic interests, particularly those of the most powerful states and firms. This book recounts the remarkable story of the access to medicines movement. The authors offer an explanation for how the informal, but powerful norm that every person should have access to essential medicines emerged after a decade of heated political contestation and against long odds. They also explore the stability and scope of the norm. Finally, the book examines the limitations of informal norms for protecting human rights, and when renewed focus on changing formal norms is warranted.

Emerging Issues in Intellectual Property

Author : Guido Westkamp
Publisher : Edward Elgar Publishing
Page : 419 pages
File Size : 40,8 Mb
Release : 2007
Category : Law
ISBN : 9781847208880

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Emerging Issues in Intellectual Property by Guido Westkamp Pdf

. . . the book is a well-presented collection of scholarly articles on diverse, stimulating topics. . . The levels of explanation and detail vary from chapter-to-chapter and so the reader will probably find the book most helpful to consult for key topics of interest. . . The breadth of the book means that students, academics and interested practitioners should find areas that will appeal. Frederick Chen, European Intellectual Property Review Together the essays cover some of the most topical issues in IP and related fields, and should therefore be of immense interest and value to any serious student of the subject. The Commonwealth Lawyer It is an extremely thought-provoking book, crammed full of excellent papers which are genuinely original, and push forward the boundaries of their retrospective topics. . . the book is without doubt worth purchasing for anyone interested in IP theory, pharmaceuticals or traditional knowledge. . . the papers are of incredibly good quality. . . a few of those alone make the book worth purchasing. My impromptu rating system will therefore award it 5 out of 5 stars. James Griffin, Communications Law This book covers an extensive range of critical issues in modern Intellectual Property (IP) law under three broad headings: Technology, Market Freedom and the Public Domain; Intellectual Property and International Trade; Traditional Knowledge, Technology and Resources. Uniting contributions at the cutting edge of IP research, the authors, all former or current members and associates of the Queen Mary Intellectual Property Research Institute, University of London, address a number of diverse topics in relation to existing copyright, trademark and patent law. They examine political and juridical issues in fields such as geographical indications and traditional knowledge, agriculture and information technology, pharmaceuticals and access to medicines, human rights and IP strategy. The book will appeal to academics, researchers, students, and to practitioners concerned with all areas of intellectual property.

Access to Medicine in the Global Economy

Author : Cynthia Ho
Publisher : Oxford University Press
Page : 429 pages
File Size : 40,5 Mb
Release : 2011-04-21
Category : Business & Economics
ISBN : 9780195390124

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Access to Medicine in the Global Economy by Cynthia Ho Pdf

The issue of how patents impact medicine has increased in significance within the last decade.The book provides an explanation of the current international infrastructure and explains how competing patent perspectives play a thus far unacknowledged role in promoting distortion and confusion.

Ethics & AIDS in Africa

Author : A. A. Van Niekerk,Loretta M. Kopelman
Publisher : New Africa Books
Page : 254 pages
File Size : 40,8 Mb
Release : 2005
Category : Health & Fitness
ISBN : 0864866739

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Ethics & AIDS in Africa by A. A. Van Niekerk,Loretta M. Kopelman Pdf

Don: American Embassy 2 copies.

Intellectual Property and Access to Medicines in Africa

Author : Olasupo Owoeye,Taylor & Francis Group
Publisher : Routledge
Page : 290 pages
File Size : 49,6 Mb
Release : 2021-12-13
Category : Electronic
ISBN : 1032241144

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Intellectual Property and Access to Medicines in Africa by Olasupo Owoeye,Taylor & Francis Group Pdf

This book examines the scope of the existing flexibilities in international IP law for promoting access to medicines. By adopting qualitative research methods to investigate how African countries may effectively use IP to serve public health purposes, this book will be a valuable contribution to existing literature.

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

Author : Joo-Young Lee
Publisher : Routledge
Page : 300 pages
File Size : 55,6 Mb
Release : 2016-03-09
Category : Law
ISBN : 9781317187813

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A Human Rights Framework for Intellectual Property, Innovation and Access to Medicines by Joo-Young Lee Pdf

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.

Vaccines, Medicines and COVID-19

Author : Germán Velásquez
Publisher : Springer
Page : 0 pages
File Size : 43,5 Mb
Release : 2021-12-25
Category : Medical
ISBN : 3030891240

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Vaccines, Medicines and COVID-19 by Germán Velásquez Pdf

This open access book is a collection of research papers on COVID-19 by Germán Velásquez from 2020 and early 2021 that help to answer the question: How can an agency like the World Health Organization (WHO) be given a stronger voice to exercise authority and leadership? The considerable health, economic and social challenges that the world faced at the beginning of 2020 with COVID-19 continued and worsened in many parts of the world in the second-half of 2020 and into 2021. Many of these countries and nations wanted to explore COVID-19 on their own, sometimes without listening to the main international health bodies such as WHO, an agency of the United Nations system with long-standing experience and vast knowledge at the global level and of which all countries in the world are members. In this single volume, the chapters present the progress of thinking and debate — particularly in relation to drugs and vaccines — that wouldenable a response to the COVID-19 pandemic or to subsequent crises that may arise. Among the topics covered: COVID-19 Vaccines: Between Ethics, Health and Economics Medicines and Intellectual Property: 10 Years of the WHO Global Strategy Re-thinking Global and Local Manufacturing of Medical Products After COVID-19 Rethinking R&D for Pharmaceutical Products After the Novel Coronavirus COVID-19 Shock Intellectual Property and Access to Medicines and Vaccines The World Health Organization Reforms in the Time of COVID-19 Vaccines, Medicines and COVID-19: How Can WHO Be Given a Stronger Voice? is essential reading for negotiators from the 194 member countries of the World Health Organization (WHO); World Trade Organization (WTO) and World Intellectual Property Organization (WIPO) staff participating in these negotiations; academics and students of public health, medicine, health sciences, law, sociology and political science; and intergovernmental organizations and non-governmental organizations that follow the issue of access to treatments and vaccines for COVID-19.

Framing Intellectual Property Law in the 21st Century

Author : Rochelle Cooper Dreyfuss,Elizabeth Siew-Kuan Ng
Publisher : Cambridge University Press
Page : 373 pages
File Size : 43,7 Mb
Release : 2018-10-18
Category : Business & Economics
ISBN : 9781107135383

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Framing Intellectual Property Law in the 21st Century by Rochelle Cooper Dreyfuss,Elizabeth Siew-Kuan Ng Pdf

The book describes how intellectual property law is framed by theories about incentives, trade, health, development, and human rights.

Intellectual Property, Pharmaceuticals and Public Health

Author : Kenneth C. Shadlen,S. Guennif
Publisher : Edward Elgar Publishing
Page : 353 pages
File Size : 41,6 Mb
Release : 2011-01-01
Category : Medical
ISBN : 9780857938619

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Intellectual Property, Pharmaceuticals and Public Health by Kenneth C. Shadlen,S. Guennif Pdf

'This impressive collection offers fascinating new perspectives on the impact of pharmaceutical patents on access to medicines in developing countries. The volume's editors have put together an important book that sets out clearly the challenges to public health in a wide range of national contexts. The book will be a valuable text for all scholars and decision-makers interested in the global politics of intellectual property rights and public health.' – Duncan Matthews, Queen Mary, University of London, UK This up-to-date book examines pharmaceutical development, access to medicines, and the protection of public health in the context of two fundamental changes that the global political economy has undergone since the 1970s, the globalization of trade and production and the increased harmonization of national regulations on intellectual property rights. With authors from eleven different countries presenting case studies of national experiences in Africa, Asia and the Americas, the book analyzes national strategies to promote pharmaceutical innovation, while at the same time assuring widespread access to medicines through generic pharmaceutical production and generic pharmaceutical importation. The expert chapters focus on patents as well as an array of regulatory instruments, including pricing and drug registration policies. Presenting in-depth analysis and original empirical research, this book will strongly appeal to academics and students of intellectual property, international health, international political economy, international development and law.

Promoting Access to Medical Technologies and Innovation - Intersections between Public Health, Intellectual Property and Trade

Author : World Intellectual Property Organization
Publisher : WIPO
Page : 259 pages
File Size : 48,8 Mb
Release : 2013
Category : Law
ISBN : 9789280523089

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Promoting Access to Medical Technologies and Innovation - Intersections between Public Health, Intellectual Property and Trade by World Intellectual Property Organization Pdf

This study has emerged from an ongoing program of trilateral cooperation between WHO, WTO and WIPO. It responds to an increasing demand, particularly in developing countries, for strengthened capacity for informed policy-making in areas of intersection between health, trade and IP, focusing on access to and innovation of medicines and other medical technologies.

Intellectual Property Law and Access to Medicines

Author : Srividhya Ragavan,Amaka Vanni
Publisher : Taylor & Francis
Page : 428 pages
File Size : 41,6 Mb
Release : 2021-07-28
Category : Law
ISBN : 9781000398731

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Intellectual Property Law and Access to Medicines by Srividhya Ragavan,Amaka Vanni Pdf

The history of patent harmonization is a story of dynamic actors, whose interactions with established structures shaped the patent regime. From the inception of the trade regime to include intellectual property (IP) rights to the present, this book documents the role of different sets of actors – states, transnational business corporations, or civil society groups – and their influence on the structures – such as national and international agreements, organizations, and private entities – that have caused changes to healthcare and access to medication. Presenting the debates over patents, trade, and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), as it galvanized non-state and nonbusiness actors, the book highlights how an alternative framing and understanding of pharmaceutical patent rights emerged: as a public issue, instead of a trade or IP issue. The book thus offers an important analysis of the legal and political dynamics through which the contest for access to lifesaving medication has been, and will continue to be, fought. In addition to academics working in the areas of international law, development, and public health, this book will also be of interest to policy makers, state actors, and others with relevant concerns working in nongovernmental and international organizations.

Human Rights and Intellectual Property

Author : Laurence R. Helfer,Graeme W. Austin
Publisher : Cambridge University Press
Page : 567 pages
File Size : 50,9 Mb
Release : 2011-03-07
Category : Law
ISBN : 9781139496919

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Human Rights and Intellectual Property by Laurence R. Helfer,Graeme W. Austin Pdf

This book explores the interface between intellectual property and human rights law and policy. The relationship between these two fields has captured the attention of governments, policymakers, and activist communities in a diverse array of international and domestic political and judicial venues. These actors often raise human rights arguments as counterweights to the expansion of intellectual property in areas including freedom of expression, public health, education, privacy, agriculture, and the rights of indigenous peoples. At the same time, creators and owners of intellectual property are asserting a human rights justification for the expansion of legal protections. This book explores the legal, institutional, and political implications of these competing claims: by offering a framework for exploring the connections and divergences between these subjects; by identifying the pathways along which jurisprudence, policy, and political discourse are likely to evolve; and by serving as an educational resource for scholars, activists, and students.