Chapter

Patent Law

Holger Hestermeyer

in Human Rights and the WTO

Published in print August 2008 | ISBN: 9780199552177
Published online January 2009 | e-ISBN: 9780191706936 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199552177.003.0002

Series: International Economic Law Series

 Patent Law

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This chapter describes the patent component of the conflict between the TRIPS Agreement and access to medicine. It provides the necessary background in patent law, its history, and rationales and then describes the obligations the TRIPS Agreement imposes on WTO Members. It shows that the lack of jurisprudence leaves many of the details of the obligations imprecise. However, Members clearly have to provide for 20-year product patents in the pharmaceutical area.

Keywords: TRIPS Agreement; WTO; patent law; international patent law; pharmaceuticals

Chapter.  32837 words. 

Subjects: Human Rights and Immigration

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