Full Text Available
Note: Clicking the button above will open the full text document at the original institutional repository in a new window.
The exceptions to patent rights under the WTO-TRIPS Agreement : where is the right to health guaranteed?
Prepared under the supervision of Riekie Wandrag at the Community Law Centre, University of Western Cape, South Africa
Saved in:
| Other Authors: | |
|---|---|
| Format: | Thesis |
| Language: | English |
| Published: |
University of Pretoria
2006
|
| Subjects: | |
| Tags: |
No Tags, Be the first to tag this record!
|
| _version_ | 1867613523275677696 |
|---|---|
| access_status_str | Open Access |
| author2 | Wandrag, Riekie |
| author_browse | Wandrag, Riekie |
| author_facet | Wandrag, Riekie |
| collection | Thesis |
| dc_rights_str_mv | Centre for Human Rights, Law Faculty, University of Pretoria |
| description | Prepared under the supervision of Riekie Wandrag at the Community Law Centre, University of Western Cape, South Africa |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/980 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:37:30.101Z |
| 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:2263/980 The exceptions to patent rights under the WTO-TRIPS Agreement : where is the right to health guaranteed? Wandrag, Riekie Mugambe, Lydia UCTD Right to health Access to medicine Human rights Access to health care World trade organization (WTO) Agreement on Trade Related Aspects of Intellectual Property Rights International Covenant on Economic, Social and Cultural Rights (ICESCR) Intellectual property Patents Patent rights HIV/AIDS Prepared under the supervision of Riekie Wandrag at the Community Law Centre, University of Western Cape, South Africa Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2002. "The thesis of this study is that the flexibility within the exceptions to patent rights protecton under the TRIPS Agreement has not sufficiently been exploited at the national level. The study conceptualises the regimes for the protection of the right to health and IPRs not as mutually exclusive but as potentially reinforcing. The contention is therefore that the obligations in respect to the right to health limit the manner in which states can exercise the flexibilty within the patent regime of the TRIPS Agreement. Eventually the study seeks to answer the question: Where does the guarantee for the right to health lie in light of the TRIPS regime? ... The study is divided into three chapters preceded by an introduction. The introduction lays the background for te discussion. Chapter one deals with the definition of important concepts and provides the context in which the study is set. The chapter also discusses the background to the creation of the TRIPS Agreement, with an emphatic discussion on the involvement or lack thereof of Africn and other least developed and developing countries in this process. Chapter two discusses the patent rights exceptions clause under the TRIPS Agreement. Against this background, compuslory licensing, government use and parallel importing as means of making accessibility to drugs a reality under the TRIPS Agreement will be discussed. Chapter three identifies other means of making drugs more accessible and identifying places where they have worked well. In this chapter, generic substitution, establishemnt of a pricing committee, therapeutic value pricing, pooled procurement, negotiated procurement and planned donations will be discussed. Finally a conclusion will be drawn from the discussion and recommendations will be advanced." -- Chapter 1. http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html Centre for Human Rights LLM 2006-10-23T06:52:08Z 2006-10-23T06:52:08Z 02-Oct 2002 Mini Dissertation Mugambe, L 2002, The exceptions to patent rights under the WTO-TRIPS Agreement : where is the right to health guaranteed?, LLM Mini Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/980> http://hdl.handle.net/2263/980 en LLM Dissertations 2002(5) Centre for Human Rights, Law Faculty, University of Pretoria 354276 bytes application/pdf application/pdf University of Pretoria |
| spellingShingle | UCTD Right to health Access to medicine Human rights Access to health care World trade organization (WTO) Agreement on Trade Related Aspects of Intellectual Property Rights International Covenant on Economic, Social and Cultural Rights (ICESCR) Intellectual property Patents Patent rights HIV/AIDS The exceptions to patent rights under the WTO-TRIPS Agreement : where is the right to health guaranteed? |
| title | The exceptions to patent rights under the WTO-TRIPS Agreement : where is the right to health guaranteed? |
| title_full | The exceptions to patent rights under the WTO-TRIPS Agreement : where is the right to health guaranteed? |
| title_fullStr | The exceptions to patent rights under the WTO-TRIPS Agreement : where is the right to health guaranteed? |
| title_full_unstemmed | The exceptions to patent rights under the WTO-TRIPS Agreement : where is the right to health guaranteed? |
| title_short | The exceptions to patent rights under the WTO-TRIPS Agreement : where is the right to health guaranteed? |
| title_sort | exceptions to patent rights under the wto trips agreement where is the right to health guaranteed |
| topic | UCTD Right to health Access to medicine Human rights Access to health care World trade organization (WTO) Agreement on Trade Related Aspects of Intellectual Property Rights International Covenant on Economic, Social and Cultural Rights (ICESCR) Intellectual property Patents Patent rights HIV/AIDS |
| url | http://hdl.handle.net/2263/980 |