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Access to Medicine in the Global EconomyInternational Agreements on Patents and Related Rights$
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Cynthia Ho

Print publication date: 2011

Print ISBN-13: 9780195390124

Published to Oxford Scholarship Online: May 2011

DOI: 10.1093/acprof:oso/9780195390124.001.0001

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Compulsory License Case Study: An Introduction to Competing Patent Perspectives

Compulsory License Case Study: An Introduction to Competing Patent Perspectives

Chapter:
(p.157) 6 Compulsory License Case Study: An Introduction to Competing Patent Perspectives
Source:
Access to Medicine in the Global Economy
Author(s):

Cynthia M. Ho (Contributor Webpage)

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195390124.003.0007

This chapter builds upon the basic rules for compulsory licenses under TRIPS (Chapter 5) and also provides a complementary examination of compulsory licenses. It introduces competing patent perspectives; it provides a case study of Thailand's recent compulsory licenses to explain some of the confusion and controversy concerning them. In particular, the lens of competing perspectives is used to provide an enriched understanding of why there has been so much confusion concerning compulsory licensing. In addition, this introduction to competing patent perspectives constructs a framework for subsequent chapters that revisit how such perspectives have played a role in issues involving access to medicine.

Keywords:   TRIPS, compulsory licensing, Thailand, licensing law, patent law, access to medicine

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