Introduction

In the recent literature, there has been much critical discussion about the role of patent law in promoting research and development in respect of neglected diseases. There has also been much exploration of alternative mechanisms – such as prizes, the Health Impact Fund, patent pools, Open Source drug discovery and priority review mechanisms – to encourage innovation in respect of essential medicines.

A number of non-government organizations, charities and philanthropists have promoted ‘grants’ as a means of stimulating investment in research and development into neglected diseases. The (RED) Campaign has been designed to boost private funding for the Global Fund to Fight AIDS, Tuberculosis and Malaria (‘The Global Fund’). The Bill & Melinda Gates Foundation (‘Gates Foundation’), and the William J. Clinton Foundation (‘Clinton Foundation’) have played an important role in funding research and development in respect of infectious diseases. It is worthwhile analysing the ways in which such charities, foundations and philanthropists have sought to deploy trade-marks, celebrity endorsements and corporate social responsibility to promote access to medicines.