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Current Controversies Concerning Patent Rights and Public Health in a World of International Norms

Research output: Chapter in Book/Report/Conference proceedingChapter

Abstract

An ever-present question is how to properly balance patent rights with public health. However, this question is arguably becoming more difficult in an era of proliferating international agreements and norms. This chapter describes the genesis and requirements of the basic international framework for patents pursuant to the Trade Related Intellectual Property Agreement (‘TRIPS’). After introducing basic TRIPS requirements, controversies are discussed including India’s controversial law barring certain inventions from patentability, as well as compulsory license controversies, including political pressure and retaliation. In addition, newer challenges are discussed, such as TRIPS plus requirements concerning patent and regulatory laws as well as investor-state disputes under international agreements. Lastly, the chapter provides some thoughts on how to balance patent rights with public health.

Original languageAmerican English
Title of host publication Research Handbook on Patent Law and Theory
EditorsToshiko Takenaka
PublisherEdward Elgar Publishing, Inc.
Chapter17
Pages419-52
Number of pages34
ISBN (Electronic)9781785364129
ISBN (Print)9781785364112
DOIs
StatePublished - 2019

Publication series

NameResearch Handbooks in Intellectual Property

Bibliographical note

Cynthia M. Ho, Current Controversies Concerning Patent Rights and Public Health in a World of International Norms, in Research Handbook on Patent Law and Theory 419 (Toshiko Takenaka ed., 2d ed. 2019).

Disciplines

  • Intellectual Property Law
  • International Trade Law

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