Pharmaceutical Patent Protection and World Trade Law : The Unresolved Problem of Access to Medicines - Jae Sundaram

Pharmaceutical Patent Protection and World Trade Law

The Unresolved Problem of Access to Medicines

By: Jae Sundaram

Hardcover | 3 May 2018

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Under the TRIPs Agreement patents, which include pharmaceutical patents, enjoy an extended protection for a period of twenty years. The Agreement, sponsored by the patent holding developed nations, has resulted in creating a two-tier system of the WTO Member States, and its implementation has seen the price of pharmaceutical products skyrocket, putting essential medicines beyond the reach of the common man. The hardest hit populations as a result of the implementation of the Agreement come from developing countries and least developed countries, that have either a weak health care system or no health care at all, and where access to essential and affordable medicines is extremely difficult to achieve.

This book explores the problems faced by developing country and least developed countries Member States of the WTO in obtaining access to affordable medicines for their citizens in light of the implementation of the TRIPS Agreement. It considers some of the opportunities that are still open for some developing countries to utilise the flexibilities available under TRIPs, and for the least developed countries to mitigate the damage caused by the TRIPS Agreement. The book discusses the role of World health Organization (WHO), entrusted with the task of global health governance. It will analyse the WHO's normative standards, the interrelationship between the world governing bodies, namely, the WHO, the World Bank, and the WTO. As well as the relationship between these issues in international law and the right to health contained in some of the developing country's national constitutions.

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