This statement calls on the High-Level Panel to promote policy coherence in the international intellectual property, human rights and global health system in part through a strong articulation and examination of the implications of the human rights duty to interpret and implement all legislation to promote the right to health and corresponding rights to access needed medicines. The submission describes why such a mandate – from the lens of international economic theory – would lead to the conclusion that states must make maximum use of routine compulsory licensing programs for pharmaceuticals to rectify intellectual property and health concerns. It then articulates how adoption of the interpretive rule should justify and motivate specific government actions – including minimizing the scope of patent rights and maximizing the use of routine compulsory licensing – that would help reduce the incoherence between rights of inventors, international human rights laws, trade rules, and public health objectives.
About The Author
October 12, 2017
Third Global Congress on Intellectual Property and the Public Interest and Open A.I.R. Conference on Innovation and IP in Africa
December 9, 2013
Joint Letter by Over 70 Civil Society Groups: WTO Is Obliged Under TRIPS Art. 66.1 to Grant LDC Request for TRIPS Extension
June 1, 2015
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Ahmed Abdel Latif
Allan Rocha de Souza
Hafiz Aziz ur Rehman
Marcela Palacio Puerta