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- Publisher
- Oxford University Press
- Copyright
- The Author 2011. Published by Oxford University Press. Available online at www.phe.oxfordjournals.org
- ISSN
- 1754-9973
- eISSN
- 1754-9981
- DOI
- 10.1093/phe/phr004
- Publisher site
- See Article on Publisher Site
Abstract
The TRIPS agreement has been widely discussed. Critics have accused it to favour property rights at the cost of public health in AIDS-stricken development countries. In this article, the conflict between on the one hand Intellectual Property Rights and on the other a right to subsistence is analysed with the help of a method for specification. The rationalization of TRIPS and its amendments raises two questions for ethics, one normative and one meta-ethical. First, which right has priority: the right to property or the right to subsistence? Second, how can conflicting rights be reconciled in a coherent ethical system. The aim of the article is to answer these two questions and in order to do that the method of specification developed by the philosopher Henry Richardson is applied. The result is a specified norm applicable for this kind of rights conflicts.
Journal
Public Health Ethics – Oxford University Press
Published: Apr 17, 2011