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Incentives for Global Public Health: Patent Law and Access to Essential Medicines.
  • Thomas Pogge, Yale University
  • Matthew Rimmer, Australian National University College of Law
  • Kim Rubenstein, Australian National University College of Law
This portrait of the global debate over patent law and access to essential medicines focuses on public health concerns about HIV/AIDS, malaria, tuberculosis, the SARS virus, influenza, and diseases of poverty. The essays explore the diplomatic negotiations and disputes in key international fora, such as the World Trade Organization, the World Health Organization and the World Intellectual Property Organization. Drawing upon international trade law, innovation policy, intellectual property law, health law, human rights and philosophy, the authors seek to canvass policy solutions which encourage and reward worthwhile pharmaceutical innovation while ensuring affordable access to advanced medicines. A number of creative policy options are critically assessed, including the development of a Health Impact Fund, prizes for medical innovation, the use of patent pools, open-source drug development and forms of 'creative capitalism'.
Table of Contents: Introduction
Access to Essential Medicines: Public Health and International Law
Professor Thomas Pogge, Dr Matthew Rimmer, and Professor Kim Rubenstein
Part I International Trade
1. TRIPS and Essential Medicines: Must One Size Fit All? Making the WTO Responsive to the Global Health Crisis
Professor Rochelle Cooper Dreyfuss, New York University
2. The TRIPS Waiver as a Recognition of Public Health Concerns in the WTO
Associate Professor Andrew Mitchell and Associate Professor Tania Voon, University of Melbourne
3. Public Law Challenges to the Regulation of Pharmaceutical Patents in the US Bilateral Free Trade Agreements
Dr Hitoshi Nasu, The Australian National University
4. Global Health and Development: Patents and Public Interest
Associate Professor Elizabeth Siew Kuan Ng, National University of Singapore
Part II Innovation
5. The Health Impact Fund: Boosting Innovation without Obstructing Free Access
Professor Thomas Pogge, Yale University and The Australian National University
6. The Health Impact Fund: A Critique
Dr Kathleen Liddell, University of Cambridge
7. A Prize System as a Partial Solution to the Health Crisis in the Developing World
Professor William W. Fisher and Talha Syed, Harvard Law School
8. Innovation and Insufficient Evidence: The Case for a WTO-WHO Agreement on Health Technology Safety and Cost-Effectiveness Evaluation
Associate Professor Thomas Faunce, The Australian National University
Part III Intellectual Property
9. Opening the Dam: Patent Pools, Innovation, and Access to Essential Medicines
Professor Dianne Nicol and Dr Jane Nielsen, University of Tasmania
10. Open Source Drug Discovery: A Revolutionary Paradigm or a Utopian Model?
Dr Krishna Ravi Srinivas, Research Information System for Developing Countries (RIS), India
11. Accessing and Benefit Sharing Avian Influenza Viruses through the World Health Organisation: a CBD and TRIPS Compromise thanks to Indonesia’s Sovereignty Claim?
Dr Charles Lawson, Griffith University Faculty of Law and Associate Professor Barbara Hocking, Queensland University of Technology
12. The Lazarus Effect: The (RED) Campaign and Creative Capitalism
Dr Matthew Rimmer, The Australian National University
Part IV Health-Care
13. Beyond TRIPS: The Role of Non-state Actors and Access to Essential Medicines
Professor Noah Benjamin Novogrodsky, University of Toronto
14. Securing Health Through Rights
Katharine Young, Harvard University
15. The Role of National laws in Reconciling Constitutional Right to Health with TRIPS Obligations: An Examination of the Glivec Patent Case in India
Dr Rajshree Chandra, Delhi University
16. Tipping Point: Thai Compulsory Licenses Redefine Essential Medicines Debate
Jonathan Burton-MacLeod, The Australian National University
  • Access to Essential Medicines,
  • International Trade Law,
  • Innovation,
  • Intellectual Property,
  • Health-care,
  • Public Law,
  • International Law.
Publication Date
Cambridge University Press
Connecting International with Public Law
Citation Information
Thomas Pogge, Matthew Rimmer and Kim Rubenstein. Incentives for Global Public Health: Patent Law and Access to Essential Medicines.. CambridgeVol. 2 (2010)
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