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Addressing legal and political barriers to global pharmaceutical access: Options for remedying the impact of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the imposition of TRIPS-plus standards

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Author Info
COHEN-KOHLER, JILLIAN CLARE
FORMAN, LISA
LIPKUS, NATHANIEL
Abstract

Despite myriad programs aimed at increasing access to essential medicines in the developing world, the global drug gap persists. This paper focuses on the major legal and political constraints preventing implementation of coordinated global policy solutions particularly, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and bilateral and regional free trade agreements. We argue that several policy and research routes should be taken to mitigate the restrictive impact of TRIPS and TRIPS-plus rules, including greater use of TRIPS flexibilities, advancement of human rights, and an ethical framework for essential medicines distribution, and a broader campaign that debates the legitimacy of TRIPS and TRIPS-plus standards themselves.

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File URL: http://journals.cambridge.org/abstract_S1744133108004477
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Publisher Info
Article provided by Cambridge University Press in its journal Health Economics, Policy and Law.

Volume (Year): 3 (2008)
Issue (Month): 03 (July)
Pages: 229-256
Download reference. The following formats are available: HTML (with abstract), plain text (with abstract), BibTeX, RIS (EndNote, RefMan, ProCite), ReDIF
Handle: RePEc:cup:hecopl:v:3:y:2008:i:03:p:229-256_00

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