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|All Authors / Contributors:||
|Notes:||Based on the author's thesis (doctoral) - University of Edinburgh, 2012, under title: Revisiting public health emergency in international law : a precautionary approach.|
|Description:||xvi, 236 pages : illustrations ; 24 cm.|
|Contents:||Introduction : the need for a holistic approach --
The solution --
The development of the precautionary approach --
The precautionary approach in international law --
The different faces of the precautionary approach in intellectual property --
The precautionary approach in compulsory licensing --
Conclusion : the precautionary approach as a means to differentiate health technologies in intellectual property.
|Series Title:||Routledge-Cavendish research in intellectual property.|
"The global transmission of infectious diseases has fuelled the need for a more developed legal framework in international public health to provide prompt and specific guidance during a large-scale emergency. This book develops a means for States to take advantage of the flexibilities of compulsory licensing in the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which promotes access to medicines in a public health emergency. It presents the precautionary approach (PA) and the structure of risk analysis as a means to build a workable reading of TRIPS and to help States embody the flexibilities of intellectual property (IP). The work investigates the complementary roles of the World Health Organization (WHO) and the World Trade Organization (WTO) in order to promote the harmonisation of the precautionary approach in relation to the patenting of crucial pharmaceutical products. By bringing together international trade law and intellectual property law Phoebe Li demonstrates how through the use of risk analysis and the precautionary approach, States can still comply with their legal obligations in international law, while exercising their sovereignty right in issuing a compulsory licence of a drug patent in an uncertain public health emergency. This book will be of great interest to students and academics of medical and healthcare law, intellectual property law, and human rights law"--
- Public health laws, International.
- Intellectual property.
- Foreign trade regulation.
- Agreement on Trade-Related Aspects of Intellectual Property Rights -- (1994 April 15)
- General Agreement on Tariffs and Trade (Organization)
- World Health Organization.
- World Trade Organization.
- Drugs -- Patents.
- License agreements.
- Patent medicines -- Law and legislation.
- Patents (International law)
- LAW -- Intellectual Property -- General.
- LAW -- International.
- LAW -- Health.
- Agreement on Trade-Related Aspects of Intellectual Property Rights (1994 April 15)
- Internationales Patentrecht.
- Internationales Wirtschaftsrecht.
- Intellectual Property
- Internationality -- legislation & jurisprudence
- Public Health -- legislation & jurisprudence
- Läkemedel -- juridik och lagstiftning.