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Patent and Trade Disparities in Developing Countries$
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Srividhya Ragavan

Print publication date: 2012

Print ISBN-13: 9780199840670

Published to Oxford Scholarship Online: September 2012

DOI: 10.1093/acprof:oso/9780199840670.001.0001

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Trips Patent Regime: The Poverty Penalty

Trips Patent Regime: The Poverty Penalty

Chapter:
(p.168) 6 Trips Patent Regime: The Poverty Penalty
Source:
Patent and Trade Disparities in Developing Countries
Author(s):

Srividhya Ragavan

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199840670.003.0006

This chapter discusses the issue of access-to-medication in developing countries. It notes that these developing countries have struggled to balance patent rights with the issue of access-to-medication. India and Brazil, for example, have formed detailed compulsory licensing provisions, which are continually questioned by the more developed signatories of TRIPS. It then determines if and how developed countries provided access to medication to the marginalized, and studies the concept of patent balancing and the issue of price control of prescription drugs.

Keywords:   access to medication, compulsory licensing provisions, developed countries, marginalized, patent balancing, price control, prescription drugs

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