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Health Technologies and International Intellectual Property Law - A Precautionary Approach (Paperback)
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Health Technologies and International Intellectual Property Law - A Precautionary Approach (Paperback)
Series: Routledge Research in Intellectual Property
Expected to ship within 12 - 19 working days
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The global transmission of infectious diseases has fuelled the need
for a more developed legal framework in international public health
to provide prompt and specific guidance during a large-scale
emergency. This book develops a means for States to take advantage
of the flexibilities of compulsory licensing in the Agreement on
Trade-Related Aspects of Intellectual Property Rights (TRIPS),
which promotes access to medicines in a public health emergency. It
presents the precautionary approach (PA) and the structure of risk
analysis as a means to build a workable reading of TRIPS and to
help States embody the flexibilities of intellectual property (IP).
The work investigates the complementary roles of the World Health
Organization (WHO) and the World Trade Organization (WTO) in order
to promote the harmonisation of the precautionary approach in
relation to the patenting of crucial pharmaceutical products. By
bringing together international trade law and intellectual property
law Phoebe Li demonstrates how through the use of risk analysis and
the precautionary approach, States can still comply with their
legal obligations in international law, while exercising their
sovereignty right in issuing a compulsory licence of a drug patent
in an uncertain public health emergency. This book will be of great
interest to students and academics of medical and healthcare law,
intellectual property law, international trade law, and human
rights law.
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