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The right to health in the global economy : reading human rights obligations into the patent regime of the WTO-TRIPS Agreement
Mini Dissertation (LLM)--University of Pretoria, 2001.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2006
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| _version_ | 1867613522758729728 |
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| access_status_str | Open Access |
| author2 | Oloka-Onyango, J. |
| author_browse | Oloka-Onyango, J. |
| author_facet | Oloka-Onyango, J. |
| collection | Thesis |
| dc_rights_str_mv | Centre for Human Rights, Law Faculty, University of Pretoria |
| description | Mini Dissertation (LLM)--University of Pretoria, 2001. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/931 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:37:29.594Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2006 |
| publishDateRange | 2006 |
| publishDateSort | 2006 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/931 The right to health in the global economy : reading human rights obligations into the patent regime of the WTO-TRIPS Agreement Oloka-Onyango, J. Musungu, Sisule Fredrick Right to health Access to medicine International human rights law Human rights Intellectual property Pharmaceutical patents Globalization Access to health care World trade organization (WTO) Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) International Covenant on Economic, Social and Cultural Rights (ICESCR) UCTD Mini Dissertation (LLM)--University of Pretoria, 2001. "The implementation of the TRIPS Agreement, within the wider context of globalisation, has brought about a conflict between the obligation of states to promote and protect health and the achievement of economic goals pursued under the WTO regime. Since trade is the driving engine of globalisation, it is imperative that, at the very least, rules governing it do not violate human rights but rather promote them. The problem of IP and the right to health therefore lies in ensuring that the integration of economic rules and institutional operations in relation to IPRs coincide with states’ obligations to promote and protect public health. ... This study centres on the specific debate about health and IPRs in the context of the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the WTO rules on IP protection. In terms of a human rights approach to the TRIPS Agreement, the ICESCR has been chosen for several reasons. First, the ICESCR specifically recognises both the right to health and the right to the protection of inventions in clearer terms than any other human rights instrument. Secondly, at least 111 of the state parties to the ICESCR are also members of the WTO including a large number of developing countries. Thirdly, if one sees the ICESCR as a vehicle for the fulfilment of the obligation to promote and protect human rights under the United Nations Organisation’s (UN) Charter, it can be argued that in line with article 103, the implementation and interpretation of TRIPS by all UN members states must take into account basic human rights. However, even with primary focus being on the ICESCR, most of the discussion on practical issues will focus on the experiences in Sub-Saharan Africa because the inequalities and problems of access to health care are most dramatically played out in this part of the world. The objective of the study is to examine the relationship between the obligation of states to progressively realise and guarantee the right to health, and the IP rules under the TRIPS Agreement. The specific objective is to examine the relationship between the exceptions under the TRIPS Agreement and the obligation to protect health and the identification of a consistent way of achieving a convergence between the implementation and interpretation of the rules of the two regimes in the area of health." -- Chapter 1 http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html Centre for Human Rights LLM 2006-10-16T08:21:13Z 2006-10-16T08:21:13Z 2001-11 2001 Mini Dissertation Musungu, SF 2001, The right to health in the global economy : reading human rights obligations into the patent regime of the WTO-TRIPS Agreement, LLM Mini Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/931> http://hdl.handle.net/2263/931 en LLM Dissertations 2001(1) Centre for Human Rights, Law Faculty, University of Pretoria 421321 bytes application/pdf application/pdf University of Pretoria |
| spellingShingle | Right to health Access to medicine International human rights law Human rights Intellectual property Pharmaceutical patents Globalization Access to health care World trade organization (WTO) Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) International Covenant on Economic, Social and Cultural Rights (ICESCR) UCTD The right to health in the global economy : reading human rights obligations into the patent regime of the WTO-TRIPS Agreement |
| title | The right to health in the global economy : reading human rights obligations into the patent regime of the WTO-TRIPS Agreement |
| title_full | The right to health in the global economy : reading human rights obligations into the patent regime of the WTO-TRIPS Agreement |
| title_fullStr | The right to health in the global economy : reading human rights obligations into the patent regime of the WTO-TRIPS Agreement |
| title_full_unstemmed | The right to health in the global economy : reading human rights obligations into the patent regime of the WTO-TRIPS Agreement |
| title_short | The right to health in the global economy : reading human rights obligations into the patent regime of the WTO-TRIPS Agreement |
| title_sort | right to health in the global economy reading human rights obligations into the patent regime of the wto trips agreement |
| topic | Right to health Access to medicine International human rights law Human rights Intellectual property Pharmaceutical patents Globalization Access to health care World trade organization (WTO) Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) International Covenant on Economic, Social and Cultural Rights (ICESCR) UCTD |
| url | http://hdl.handle.net/2263/931 |