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Assessing the Potential Impact of Intellectual Property Standards in EU and US Bilateral Trade Agreements on Compulsory Licensing for Essential Medicines in West African States

Assessing the Potential Impact of Intellectual Property Standards in EU and US Bilateral Trade... THADDEUS MANU I. INTRODUCTION Empirical evidence shows that compulsory licensing1 as a government instrument offers a proven mechanism for obtaining affordable medicines.2 As a result, this safeguard instrument has attracted a renewed interest and now figures more prominently among solutions being pursued by countries such as India.3 LLM University of East London; PhD candidate Queen Mary University of London; Law Lecturer, Centre for Intellectual Property and Energy Development, University of Hertfordshire. 1 The term `non-voluntary' or `compulsory licensing' refers to the practice by a government to authorise itself or third parties to use the subject matter of a patent without the authorisation of the right holder for reasons of public policy. See J. Reichman and C. Hasenzahl, `Non-Voluntary Licensing of Patented Inventions: Historical Perspective, Legal Framework under TRIPS, and an Overview of the Practice in Canada and the United States of America', UNCTAD-ICTSD Project on IPRs and Sustainable Development Series, Issue Paper 5 (2003): 10. 2 J. Reichman, `Comment: Compulsory Licensing of Patented Pharmaceutical Inventions: Evaluating the Options', 37 Journal of Law, Medicine and Ethics 2 (2009): 250, claiming that a threat of compulsory licensing can rein in the prices of selected essential medicines. See M. Kremer, `Pharmaceuticals http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png African Journal of International and Comparative Law Edinburgh University Press

Assessing the Potential Impact of Intellectual Property Standards in EU and US Bilateral Trade Agreements on Compulsory Licensing for Essential Medicines in West African States

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Publisher
Edinburgh University Press
Copyright
© Edinburgh University Press 2015
Subject
Articles; African Studies
ISSN
0954-8890
eISSN
1755-1609
DOI
10.3366/ajicl.2015.0119
Publisher site
See Article on Publisher Site

Abstract

THADDEUS MANU I. INTRODUCTION Empirical evidence shows that compulsory licensing1 as a government instrument offers a proven mechanism for obtaining affordable medicines.2 As a result, this safeguard instrument has attracted a renewed interest and now figures more prominently among solutions being pursued by countries such as India.3 LLM University of East London; PhD candidate Queen Mary University of London; Law Lecturer, Centre for Intellectual Property and Energy Development, University of Hertfordshire. 1 The term `non-voluntary' or `compulsory licensing' refers to the practice by a government to authorise itself or third parties to use the subject matter of a patent without the authorisation of the right holder for reasons of public policy. See J. Reichman and C. Hasenzahl, `Non-Voluntary Licensing of Patented Inventions: Historical Perspective, Legal Framework under TRIPS, and an Overview of the Practice in Canada and the United States of America', UNCTAD-ICTSD Project on IPRs and Sustainable Development Series, Issue Paper 5 (2003): 10. 2 J. Reichman, `Comment: Compulsory Licensing of Patented Pharmaceutical Inventions: Evaluating the Options', 37 Journal of Law, Medicine and Ethics 2 (2009): 250, claiming that a threat of compulsory licensing can rein in the prices of selected essential medicines. See M. Kremer, `Pharmaceuticals

Journal

African Journal of International and Comparative LawEdinburgh University Press

Published: Jun 1, 2015

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