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The Legal Duel: The TRIPS Agreement and Drug Access Issues

Is the Agreement Actually the Cunning Manoeuvre it has been Dubbed?

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Brenda Mey

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.

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The Legal Duel: The TRIPS Agreement and Drug Access Issues Series II Law Reihe II Rechtswissenschaft Série II Droit Volume/Band 5488 European University Studies Europäische Hochschulschrif ten Publications Universitaires Européennes The Legal Duel: The TRIPS Agreement and Drug Access Issues Is the Agreement Actually the Cunning Manoeuvre it has been Dubbed? Kenya-India Case Studies Brenda Pamela Mey D 19 ISSN 0531-7312 ISBN 978-3-631-62801-0 (Print) E-ISBN 978-3-653-02859-1 (E-Book) DOI 10.3726/978-3-653-02859-1 © Peter Lang GmbH Internationaler Verlag der Wissenschaften Frankfurt am Main 2013 All rights reserved. PL Academic Research is an Imprint of Peter Lang GmbH. Peter Lang – Frankfurt am Main · Bern · Bruxelles · New York ·Oxford · Warszawa · Wien All parts of this publication are protected by copyright. Any utilisation outside the strict limits of the copyright law, without the permission of the publisher, is forbidden and liable to prosecution. This applies in particular to reproductions, translations, microfilming, and storage and processing in electronic retrieval systems. www.peterlang.de Bibliographic Information published by the Deutsche Nationalbibliothek The Deutsche Nationalbibliothek lists this publication in the Deutsche Nationalbibliografie; detailed bibliographic data is available in the internet at http://dnb.d-nb.de. Zugl.: München, Univ., Diss., 2012 To my beloved husband Boris and to our adorable child Otto for keeping the home fires burning throughout the writing of this thesis. Without your love, unflagging support and constant encouragement, this research would not have seen the light of the day. I love you best, and to you, I dedicate this doctoral thesis.

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