Khan, Muhammad Danyal (2022) Redefining the Interaction Between Patents and Access to Medicines; Will World Trade Organisation (WTO) show Solidarity by Accommodating Human Rights? In: The Asian Yearbook of Human Rights and Humanitarian Law. Brill. ISBN 9789004520790
Full text not available from this repository.Abstract
The recent outbreak of Coronavirus (COVID-19) has exposed the failure of expensive and inefficient use of enforcing patents on drugs and vaccines. Keeping in mind the anticipated invention of vaccines to treat COVID-19, the article argues that patent enforcement under the Agreement on Trade-related Aspects of Intellectual Property 1994 (TRIPS Agreement) must be interpreted consistent with access to medicines related human rights obligations. To patents with access to medicines related human rights, the study argues that the interpretation of patent standards must follow the principle of ‘good faith’ in relation to protect access to medicines. Through critical analysis of related documentary material, the paper critically analyses the provisions of the TRIPS Agreement, public health ideals found in the Doha Declaration, Vienna Convention on Law of Treaties (VCLT), and recent interpretative trends of dispute resolution in the WTO to establish a harmonious interpretative framework for patents and access to medicines. The study will divide mainly into two parts. The first part will analyse the access to medicines related human rights obligations. After setting the framework for access to medicines, the second part will examine the way of creating space for access to medicines in the WTO framework of patents enforcement.
| Item Type: | Book Section |
|---|---|
| Faculty / Department: | Faculty of Business, Law and Criminology > School of Law and Criminology |
| Depositing User: | Danyal Khan |
| Date Deposited: | 02 May 2024 09:31 |
| Last Modified: | 02 May 2024 09:31 |
| URI: | https://hira.hope.ac.uk/id/eprint/4208 |
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