Description

Book Synopsis
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.

Table of Contents
Contents: Pharmaceutical Patents – Intellectual Property Rights – Drug Patents – Flexibilities in the TRIPS – Paris Convention – Patent Laws and State Practice in Kenya and India.

The Legal Duel: The TRIPS Agreement and Drug

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    A Paperback / softback by Brenda Mey

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      Publisher: Peter Lang AG
      Publication Date: Publication Date: 16/08/2013
      ISBN13: 9783631628010, 978-3631628010
      ISBN10: 3631628013

      Description

      Book Synopsis
      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.

      Table of Contents
      Contents: Pharmaceutical Patents – Intellectual Property Rights – Drug Patents – Flexibilities in the TRIPS – Paris Convention – Patent Laws and State Practice in Kenya and India.

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