Chapter

Trips Patent Regime: The Poverty Penalty

Srividhya Ragavan

in Patent and Trade Disparities in Developing Countries

Published in print August 2012 | ISBN: 9780199840670
Published online September 2012 | e-ISBN: 9780199949786 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199840670.003.0006
Trips Patent Regime: The Poverty Penalty

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This chapter discusses the issue of access-to-medication in developing countries. It notes that these developing countries have struggled to balance patent rights with the issue of access-to-medication. India and Brazil, for example, have formed detailed compulsory licensing provisions, which are continually questioned by the more developed signatories of TRIPS. It then determines if and how developed countries provided access to medication to the marginalized, and studies the concept of patent balancing and the issue of price control of prescription drugs.

Keywords: access to medication; compulsory licensing provisions; developed countries; marginalized; patent balancing; price control; prescription drugs

Chapter.  16418 words. 

Subjects: Intellectual Property Law

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