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1 - Introduction

Published online by Cambridge University Press:  24 February 2022

Emmanuel Kolawole Oke
Affiliation:
Edinburgh Law School, University of Edinburgh
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Summary

This chapter begins by introducing the problem of access to affordable medicines in developing countries. It describes the patent policy space available to states prior to the adoption of the TRIPS Agreement and the attempts made by developing countries to reclaim their patent policy space after the adoption of the TRIPS Agreement via the Doha Declaration on the TRIPS Agreement and Public Health. It notes that the Doha Declaration only yielded marginal gains in the form of the confirmation of the flexibilities that are already contained in the TRIPS Agreement and the introduction of a waiver system that is more burdensome and less beneficial. Nevertheless, the chapter contends that paragraph 4 of the Doha Declaration provides a linchpin that developing countries can use to preserve their patent policy space as it sanctions the incorporation of a right to health perspective, and invariably the incorporation of a model of human rights, into the design, implementation, interpretation, and enforcement of their national patent laws. The chapter also presents a roadmap for the rest of the book.

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Chapter
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Publisher: Cambridge University Press
Print publication year: 2022

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  • Introduction
  • Emmanuel Kolawole Oke
  • Book: Patents, Human Rights, and Access to Medicines
  • Online publication: 24 February 2022
  • Chapter DOI: https://doi.org/10.1017/9781108654685.001
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  • Introduction
  • Emmanuel Kolawole Oke
  • Book: Patents, Human Rights, and Access to Medicines
  • Online publication: 24 February 2022
  • Chapter DOI: https://doi.org/10.1017/9781108654685.001
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Introduction
  • Emmanuel Kolawole Oke
  • Book: Patents, Human Rights, and Access to Medicines
  • Online publication: 24 February 2022
  • Chapter DOI: https://doi.org/10.1017/9781108654685.001
Available formats
×