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Human Rights and the WTOThe Case of Patents and Access to Medicines$
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Holger Hestermeyer

Print publication date: 2008

Print ISBN-13: 9780199552177

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199552177.001.0001

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Patent Law

Patent Law

Chapter:
(p.18) 2 Patent Law
Source:
Human Rights and the WTO
Author(s):

Holger Hestermeyer

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199552177.003.0002

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

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