Overview
- Moves on to evaluate the different philosophies
- Offers some takeaways for the current situation
- Focusses on significant and controversial TRIPS flexibilities
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About this book
This timely monograph focuses on India and Brazil’s use of compulsory licensing, one of the most significant and controversial TRIPS flexibilities. This is a topical work at this critical time when the COVID-19 has stirred up the debate about compulsory licensing and access to medicines. A closer look into the historical use of compulsory licences in certain countries can offer some takeaways for the current situation.
The author studies historical developments and political conditions of the patent system and compulsory licensing from the earliest stage to the modern arena, with a great emphasis on TRIPS. After conducting a cross-national study of India and Brazil, the book moves on to evaluate the different philosophies on compulsory licensing of multilateral organizations such as the EU, the WIPO, the WTO, and NGOs.
This important book will strongly appeal to intellectual property students, academics, policymakers, and lawyers practicing in the area. It will also be of interest to academics working in the areas of international law, development, and public health as well as state actors and others with relevant concerns working in multilateral organizations.
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Keywords
Table of contents (7 chapters)
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Front Matter
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Back Matter
Reviews
Dr. Van Anh Le has written an important and timely new book focusing on the ability of countries to provide essential medicines to their populations even when these medicines are patented. The method that countries use is known generally as using TRIPS flexibilities, the most important of which is the ability to grant compulsory licenses. Her book thoroughly explains how the TRIPS treaty with its flexibilities came about and how it has been interpreted after it came into force. She then covers countries that have exploited these flexibilities with a focus on India and Brazil and then thoroughly treats the role of many international organizations in providing for these flexibilities. As the world begins to deal with the horrors of the coronavirus disease 2019 sometimes known as the Wuhan virus or COVID-19, it is fundamental that countries remain aware of the availability of TRIPS flexibilities to deal effectively with their need for essential medicines.
—Martin J. Adelman, Theodore and James Pedas Family Professor of Intellectual Property and Technology Law, George Washington University Law School.
The work of Van Anh Le is a timely and much needed one. It provides an updated and useful analysis of current global intellectual property flexibilities and case studies from several developing countries including India and Brazil. It also provides policy recommendations which many developing counties could consider while designing their national intellectual property protection regimes. A must have in any library.
— Mohammed El Said, Professor in International Trade and Intellectual Property Law, School of Law and Social Science, University of Central Lancashire.
Authors and Affiliations
About the author
Van Anh Le is Departmental Lecturer in Intellectual Property Law at the University of Oxford, UK.
Bibliographic Information
Book Title: Compulsory Patent Licensing and Access to Medicines: A Silver Bullet Approach to Public Health?
Authors: Van Anh Le
DOI: https://doi.org/10.1007/978-3-030-84193-5
Publisher: Palgrave Macmillan Cham
eBook Packages: Political Science and International Studies, Political Science and International Studies (R0)
Copyright Information: The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Switzerland AG 2022
Hardcover ISBN: 978-3-030-84192-8Published: 07 October 2021
Softcover ISBN: 978-3-030-84195-9Published: 08 October 2022
eBook ISBN: 978-3-030-84193-5Published: 06 October 2021
Edition Number: 1
Number of Pages: XIII, 184
Number of Illustrations: 1 b/w illustrations, 2 illustrations in colour
Topics: Public Policy, Health Policy, Development Studies