The Legal Duel: The TRIPS Agreement and Drug Access Issues : Is the Agreement Actually the Cunning Manoeuvre it has been Dubbed?
New
by
Brenda Mey
Book Details
Format
Paperback / Softback
Book Series
Europaeische Hochschulschriften Recht
ISBN-10
3631628013
ISBN-13
9783631628010
Edition
New
Publisher
Peter Lang AG
Imprint
Peter Lang AG
Country of Manufacture
DE
Country of Publication
GB
Publication Date
Aug 16th, 2013
Print length
388 Pages
Weight
656 grams
Dimensions
21.20 x 14.90 x 3.20 cms
Product Classification:
Comparative law
Ksh 16,100.00
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Increased patent protection required by the TRIPS has had an impact on access to essential medicines, especially in the developing world. The extent to which such countries can use the flexibilities in the Agreement to promote access to medicines is not clear. This thesis examines whether the TRIPS does actually impede access to medicines.
This thesis discusses the flexibilities built into the Agreement on Trade Related Aspects of Intellectual Property Rights that are relevant for ensuring access to and availability of new medicines for the treatment of life-threatening diseases. Using Kenyan and Indian patent laws as case studies, the thesis examines the experience these countries have had in making use of the flexibilities. The thesis concludes that besides the TRIPS flexibilities, the resolution of the problem of access to medicines requires a concrete and a potent mix of country specific non-IP strategies. To test the hypotheses advanced in it, the thesis applies descriptive, qualitative and quantitative methodologies as well as interpretive analysis of court cases.
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