<scp>TRIPS</scp>‐plus Border Measures and Access to Medicines

Micara, Anna Giulia

doi:10.1111/j.1747-1796.2011.00431.x

Cited by 6 publications

(1 citation statement)

References 26 publications

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“…Most notably, the negotiations on the Free Trade Area of the Americas and the Free Trade Area of the Asia-Pacific failed. As a result of that, the Bush administration decided to reach preferential trade agreements with fewer partners instead (SCHOTT, 2004;KRIKORIAN;SZYMKOWIAK, 2007;CORREA, 2008;DÍAZ, 2008;DEERE, 2009;GILLMAN, 2009;MICARA, 2012;DENT, July 2013). That leads to the second reason for our focus: the unprecedented proliferation of U.S. preferential trade agreements from 2001 to 2012.…”

Section: Congressional Views On Intellectual Property Rights Related mentioning

confidence: 99%

The negotiation and implementation of intellectual property rights in preferential trade agreements: an analysis of the roles of the U.S. Congress and interest groups (1995 - 2012)

Teodoro¹

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The United States has a complex legal and institutional setting in place for the negotiation and implementation of international trade agreements. Such framework defines the roles of the president, Congress, and private advisory committees. This dissertation analyzes how such actors interacted to negotiate and implement the intellectual property rights included in preferential trade agreements from 1995-2000 and 2001-2012. The analysis of the first period relies on statements by members of the United States Congress and concludes that the intellectual property rights negotiated with trade partners influenced the overall U.S. trade policy and the domestic patent legislation. As regards the second period, we focus on the intellectual property rights applied to the production and trade of pharmaceuticals because since 2001 health-related concerns had become key traderelated issues. The analysis of the 2001-2012 period also relies on official reports produced by industry advisory committees. We identified patterns in views expressed by members of Congress and concluded that the influence of the committees was limited in scope and in time. Since both domestic and international factors influenced the U.S. trade policy at that time, throughout this dissertation we rely on theories about the two-level interactions.

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Section: Congressional Views On Intellectual Property Rights Related mentioning

confidence: 99%

The negotiation and implementation of intellectual property rights in preferential trade agreements: an analysis of the roles of the U.S. Congress and interest groups (1995 - 2012)

Teodoro¹

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Patent Rights, Access to Medicines, and the Justiciability of the Right to Health in Kenya, South Africa and India

Oke

2015

Justiciability of Human Rights Law in Domestic Jurisdictions

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This chapter examines how the national courts in three developing countries (Kenya, South Africa, and India) have addressed the tension between patent rights and the right to health in some of the cases litigated before them. National courts in developing countries are increasingly being confronted with disputes involving tensions between the enforcement of patent rights and the enjoyment of the right to health. As a result of the WTO's Agreement on Trade Related Aspects of Intellectual Property Rights, developing countries that are members of the WTO are required to provide patent protection for pharmaceutical products. These patent rights however create a tension between the rights of pharmaceutical companies that own patents on essential drugs and the right to health of poor patients who cannot afford to pay for some of these patented drugs. The chapter is structured into three main parts. Part one examines the nature of the relationship between patent rights and the right to health while part two deals with the justiciability of the right to health in Kenya, South Africa, and India. Part three provides an analysis of how the national courts of these three developing countries have adjudicated some of the pharmaceutical patent cases involving tensions between the right to health and patent rights.

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Goods in Transit and Trade Mark Law (and Intellectual Property Law?)

Cataldo

2018

IIC

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TRIPS‐plus Border Measures and Access to Medicines

Cited by 6 publications

References 26 publications

The negotiation and implementation of intellectual property rights in preferential trade agreements: an analysis of the roles of the U.S. Congress and interest groups (1995 - 2012)

The negotiation and implementation of intellectual property rights in preferential trade agreements: an analysis of the roles of the U.S. Congress and interest groups (1995 - 2012)

Patent Rights, Access to Medicines, and the Justiciability of the Right to Health in Kenya, South Africa and India

Goods in Transit and Trade Mark Law (and Intellectual Property Law?)

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