Is the right to health undermined by the agreement of trade-related aspects of intellectual property rights? / Helmi Khair

Khair, Helmi (2016) Is the right to health undermined by the agreement of trade-related aspects of intellectual property rights? / Helmi Khair. Journal of Academia, 4 (1). pp. 28-33. ISSN 2289-6368

Abstract

This article aims to provide a brief overview of the Agreement of Trade-Related Aspects of Intellectual Property Rights (TRIPS). The analysis will be focused on the agreement itself, its flexibilities, and its impacts on the right of access to affordable medicine. Particularly on medicines which are still under patent protection, a standardised protection period of the same, and the inclusion of pharmaceutical products within the ambit of patentable subject matter is arguably affecting one’s right to access to affordable medications. Further, the clash of interests i.e between patent holders (mostly, big pharmaceutical companies) and affected people (mainly, patients and their family) is highly likely to happen – especially in poor and developing countries. This paper seeks to assess whether the right to health is undermined by the TRIPS Agreement, and the analysis finds that such right is not adversely affected by the same.

Metadata

Item Type: Article
Creators:
CreatorsID Num. / Email
Khair, Helmi: muham8041@ns.uitm.edu.my
Subjects: K Law > K Law in general. Comparative and uniform law. Jurisprudence > Comparative law. International uniform Law
K Law > K Law in general. Comparative and uniform law. Jurisprudence > Comparative law. International uniform Law > Intellectual property
Divisions: Universiti Teknologi MARA, Negeri Sembilan > Seremban Campus
Journal or Publication Title: Journal of Academia
Journal: UiTM Journal > Journal of Academia UiTM Negeri Sembilan
ISSN: 2289-6368
Volume: 4
Number: 1
Page Range: pp. 28-33
Item ID: 29283
Uncontrolled Keywords: TRIPS, Doha Declaration, Compulsory Licence, Access to Medicine, Parallel Import
URI: http://ir.uitm.edu.my/id/eprint/29283

Download

[img] Text
29283.pdf

Download (538kB)

Actions (login required)

View Item View Item

Downloads

Downloads per month over past year