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The Access RegimePatent Law Reforms for Affordable Medicines$
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Feroz Ali

Print publication date: 2016

Print ISBN-13: 9780199463480

Published to Oxford Scholarship Online: April 2016

DOI: 10.1093/acprof:oso/9780199463480.001.0001

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The Fault Lines of Harmonization

The Fault Lines of Harmonization

(p.181) 6 The Fault Lines of Harmonization
The Access Regime

Feroz Ali

Oxford University Press

The formulation of international law has arisen as a result of international legislation, customary law, and general principles. International intellectual property law has been formulated mostly from international treaties. International legislation in the field of intellectual property law has reached a stalemate with no new activity taking place with regard to multilateral treaties. Rather, international intellectual property legislation is taking place at the level of bilateral treaties. This chapter discusses the harmonization of patent laws both procedurally and substantively. Enforcement and implementation vary from country to country and any disputes that arise have to be resolved by dispute settlement process in international organizations. The chapter then discusses the fragmentation of international law which is a consequence of law-making in a polarized world. The chapter concludes with a discussion on the creation of new regimes.

Keywords:   international law, international lawmaking, intellectual property lawmaking, harmonization

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