Compulsory Patent Licensing and Access to Medicines: A Silver Bullet Approach to Public Health?

This timely monograph focuses on India and Brazil's use of compulsory licensing, one of the most significant and controversial TRIPS flexibilities. This is a topical work at this critical time when the COVID-19 has stirred up the debate about compulsory licensing and access to medicines. A closer look into the historical use of compulsory licences in certain countries can offer some takeaways for the current situation.

The author studies historical developments and political conditions of the patent system and compulsory licensing from the earliest stage to the modern arena, with a great emphasis on TRIPS. After conducting a cross-national study of India and Brazil, the book moves on to evaluate the different philosophies on compulsory licensing of multilateral organizations such as the EU, the WIPO, the WTO, and NGOs.

This important book will strongly appeal to intellectual property students, academics, policymakers, and lawyers practicing in the area. It will also be of interest to academics working in the areas of international law, development, and public health as well as state actors and others with relevant concerns working in multilateral organizations.

Moves on to evaluate the different philosophies Offers some takeaways for the current situation Focusses on significant and controversial TRIPS flexibilities

Auteur

Van Anh Le is Departmental Lecturer in Intellectual Property Law at the University of Oxford, UK.

Texte du rabat

This timely monograph focuses on India and Brazil s use of compulsory licensing, one of the most significant and controversial TRIPS flexibilities. This is a topical work at this critical time when the COVID-19 has stirred up the debate about compulsory licensing and access to medicines. A closer look into the historical use of compulsory licences in certain countries can offer some takeaways for the current situation. The author studies historical developments and political conditions of the patent system and compulsory licensing from the earliest stage to the modern arena, with a great emphasis on TRIPS. After conducting a cross-national study of India and Brazil, the book moves on to evaluate the different philosophies on compulsory licensing of multilateral organizations such as the EU, the WIPO, the WTO, and NGOs. This important book will strongly appeal to intellectual property students, academics, policymakers, and lawyers practicing in the area. It will also be of interest to academics working in the areas of international law, development, and public health as well as state actors and others with relevant concerns working in multilateral organizations.

Contenu
Chapter 1. An Introduction to the Debate on Patents and Access to Medicines.-Chapter 2. International Patent Law and the Pharmaceutical Industry.- Chapter 3. The Development of Compulsory Licensing within International Patent Law.- Chapter 4. The Indian Case Study of Compulsory Licensing.- Chapter 5. The Brazilian Case Study of Compulsory Licensing.- Chapter 6. Access to Medicines and Multilateral Organisations.- Chapter 7. Conclusions.