Access to Medicine Versus Test Data Exclusivity : Safeguarding Flexibilities Under International Law
Softcover reprint of the original 1st ed. 2016
Book Details
Format
Paperback / Softback
Book Series
Munich Studies on Innovation and Competition
ISBN-10
3662570211
ISBN-13
9783662570210
Edition
Softcover reprint of the original 1st ed. 2016
Publisher
Springer-Verlag Berlin and Heidelberg GmbH & Co. KG
Imprint
Springer-Verlag Berlin and Heidelberg GmbH & Co. K
Country of Manufacture
GB
Country of Publication
GB
Publication Date
Apr 22nd, 2018
Print length
256 Pages
Product Classification:
EconomicsInternational lawCommercial law
Ksh 16,200.00
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This book explores the concept of test data exclusivity protection for pharmaceuticals. Focusing on Art 39(3) of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) and relevant provisions in selected free trade agreements (FTA) and national laws, it combines normative, historical, comparative and economic analysis of test data exclusivity protection.
At the heart of this book is the novel and original Index of Data Exclusivity and Access (IDEAS), which analyzes the effectiveness of test data exclusivity provisions in FTAs and national laws both on the strength of exclusivity as well as on access to medicine. IDEAS provides a framework for the assessment of current test data exclusivity protection standards on the basis of their proximity to Article 39(3) of the TRIPS Agreement, the scope of exclusivity and the flexibilities in FTAs, and subsequently in national laws.
This book aims to broaden national and international policy makers'' grasp of the various nuances of test data exclusivity protection. Furthermore, it provides practical recommendations with regard to designing an appropriate legal system with a strong focus on promoting access to medicine for all.
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