TY  - BOOK
AU  - Brenda Mey
PY  - 2013
CY  - Berlin, Germany
PB  - Peter Lang Verlag
SN  - 0531-7312
SN  - 9783653028591
TI  - The Legal Duel: The TRIPS Agreement and Drug Access Issues
T2  - Is the Agreement Actually the Cunning Manoeuvre it has been Dubbed?
DO  - 10.3726/978-3-653-02859-1
UR  - https://www.peterlang.com/document/1046432
N2  - This thesis discusses the flexibilities built into the Agreement on Trade Related Aspects of Intellectual Property Rights that are relevant for ensuring access to and availability of new medicines for the treatment of life-threatening diseases. Using Kenyan and Indian patent laws as case studies, the thesis examines the experience these countries have had in making use of the flexibilities. The thesis concludes that besides the TRIPS flexibilities, the resolution of the problem of access to medicines requires a concrete and a potent mix of country specific non-IP strategies. To test the hypotheses advanced in it, the thesis applies descriptive, qualitative and quantitative methodologies as well as interpretive analysis of court cases.
KW  - Kenya, India, pharmaceutical Patents, Paris Convention, Drug Patents, Intellectual Property Rights
LA  - English
ER  -