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This book examines the tension between intellectual property law and access to medicine in a set of developing countries caught between their international trade obligations and their commitment to the health of their citizens. It presents case studies, conducted with a common methodology, in eleven Latin American countries.
About the author
Rochelle C. Dreyfuss is the Pauline Newman Professor of Law at New York University School of Law and Director of the Engelberg Center on Innovation Law and Policy at NYU. She is a member of the American Law Institute and was a co-Reporter for its Project on Intellectual Property: Principles Governing Jurisdiction, Choice of Law, and Judgments in Transnational Disputes.
César Rodríguez-Garavito is Associate Professor and Director of the Program on Global Justice and Human Rights at the University of los Andes (Colombia). He is a founding member of the Center for Law, Justice, and Society (Dejusticia), and the co-director of the Global School on Socio-Economic Rights. He serves in the Editorial Board of the Annual Review of Law and Social Science.
Summary
This book focusses on the debates concerning aspects of intellectual property law that bear on access to medicines in a set of developing countries. Specifically, the contributors look at measures that regulate the acquisition, recognition, and use of patent rights on pharmaceuticals and trade secrets in data concerning them, along with the conditions under which these rights expire so as to permit the production of cheaper generic drugs. In addition, the book includes commentary from scholars in human rights, international institutions, and transnational activism.
The case studies presented from 11 Latin American countries, have many commonalities in terms of economics, legal systems, and political histories, and yet they differ in the balance each has struck between proprietary interests and access concerns. The book documents this cross-country variation in legal norms and practice, identifies the factors that have led to differences in result, and theorizes as to how differentials among these countries occur and why they endure within a common transnational regulatory regime.
The work concludes by putting the results of the investigations into a global administrative law frame and offers suggestions on institutional mechanisms for considering the trade-offs between health and wealth.
