The Legal Duel: The TRIPS Agreement and Drug Access Issues

Increased patent protection required by the TRIPS has had an impact on access to essential medicines, especially in the developing world. The extent to which such countries can use the flexibilities in the Agreement to promote access to medicines is not clear. This thesis examines whether the TRIPS does actually impede access to medicines.

This thesis discusses the flexibilities built into the Agreement on Trade Related Aspects of Intellectual Property Rights that are relevant for ensuring access to and availability of new medicines for the treatment of life-threatening diseases. Using Kenyan and Indian patent laws as case studies, the thesis examines the experience these countries have had in making use of the flexibilities. The thesis concludes that besides the TRIPS flexibilities, the resolution of the problem of access to medicines requires a concrete and a potent mix of country specific non-IP strategies. To test the hypotheses advanced in it, the thesis applies descriptive, qualitative and quantitative methodologies as well as interpretive analysis of court cases.

Autorentext

Brenda Pamela Mey is attorney-at-law and duly enrolled advocate of the High Court of Kenya. She has extensive experience in contract and intellectual property laws. She holds an LL.B degree from the University of Nairobi (Kenya), a diploma in Law from Kenya School of Law Nairobi (Kenya), an LL.M. degree from Johannes-Gutenberg University of Mainz (Germany) and a PhD from Ludwig- Maximilians University in Munich (Germany).

Inhalt
Contents: Pharmaceutical Patents Intellectual Property Rights Drug Patents Flexibilities in the TRIPS Paris Convention Patent Laws and State Practice in Kenya and India.