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Balancing Wealth and HealthThe Battle over Intellectual Property and Access to Medicines in Latin America$
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Rochelle Dreyfuss and César Rodríguez-Garavito

Print publication date: 2014

Print ISBN-13: 9780199676743

Published to Oxford Scholarship Online: May 2014

DOI: 10.1093/acprof:oso/9780199676743.001.0001

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Conclusion: Balancing Wealth and Health in a Transnational Regulatory Framework

Conclusion: Balancing Wealth and Health in a Transnational Regulatory Framework

Chapter:
(p.323) Chapter 14 Conclusion: Balancing Wealth and Health in a Transnational Regulatory Framework
Source:
Balancing Wealth and Health
Author(s):

Rochelle Dreyfuss

César Rodríguez-Garavito

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199676743.003.0014

The preceding case studies have demonstrated how countries sought to utilize flexibilities in the Trade-Related Aspects of Intellectual Property (TRIPS) Agreement to keep as much material as possible free of claims to ownership and to withstand bilateral and unilateral attempts to impose TRIPS-plus obligations. They have offered evidence on the ways in which procedural and substantive issues are intertwined, and how far adherence to administrative values can go in producing substantive results that are accepted as legitimate. They have also shed light on the factors that permit effective resistance in an asymmetric contestation environment. This chapter discusses five variables that appear to have influenced the outcomes in these cases: expertise; the structure of civil society; institutional competence; normative commitments; and political opportunity structures.

Keywords:   international property law, expertise, civil society, institutional competence, normative commitment, political opportunity, Trade-Related Aspects of Intellectual Property Agreement, TRIPS

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