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  3. Patents, Human Rights, and Access to Medicines
  • Cited by 1
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    • Publisher:
      Cambridge University Press
      Publication date:
      24 February 2022
      03 March 2022
      ISBN:
      9781108654685
      9781108472104
      9781108458986
      DOI:
      https://doi.org/10.1017/9781108654685
      Dimensions:
      (229 x 152 mm)
      Weight & Pages:
      0.41kg, 184 Pages
      Dimensions:
      (229 x 152 mm)
      Weight & Pages:
      0.275kg, 184 Pages
      • Subjects:
      Law, Human Rights, Business Ethics, Management
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    Subjects:
    Law, Human Rights, Business Ethics, Management
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    Book description

    Patent rights on pharmaceutical products are one of the factors responsible for the lack of access to affordable medicines in developing countries. In this work, Emmanuel Kolawole Oke provides a systematic analysis of the tension between patent rights and human rights law, contending that, in order to preserve their patent policy space and secure access to affordable medicines for their citizens, developing countries should incorporate a model of human rights into the design, implementation, interpretation, and enforcement of their national patent laws. Through a comprehensive analysis of court decisions from three key developing countries (India, Kenya, and South Africa), Oke assesses the effectiveness of national courts in resolving conflicts between patent rights and the right to health, and demonstrates how a model of human rights can be incorporated into the adjudication of patent rights.

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