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Patent rights on pharmaceutical products are one of the factors
responsible for the lack of access to affordable medicines in
developing countries. In this work, Emmanuel Kolawole Oke provides
a systematic analysis of the tension between patent rights and
human rights law, contending that, in order to preserve their
patent policy space and secure access to affordable medicines for
their citizens, developing countries should incorporate a model of
human rights into the design, implementation, interpretation, and
enforcement of their national patent laws. Through a comprehensive
analysis of court decisions from three key developing countries
(India, Kenya, and South Africa), Oke assesses the effectiveness of
national courts in resolving conflicts between patent rights and
the right to health, and demonstrates how a model of human rights
can be incorporated into the adjudication of patent rights.
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