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The Politics of Intellectual Property Rights and Access to MedicinesContestations Post-TRIPs and the Emergence of the IP—Access to Medicines Debate

The Politics of Intellectual Property Rights and Access to Medicines: Contestations Post-TRIPs... [The principles, norms and rules governing IPRs have always been contested. Given the territorial nature of most IP law-making since IPRs came into existence, such contestations among state and non-state actors have largely, although by no means solely, been confined to the domestic level. Until TRIPs entered the scene in 1995, international IP agreements allowed national governments significant policy space in which to design their own IP laws, thus allowing domestic IP laws to be embedded, at least to some extent, in the corresponding domestic socio-ethical-economic context that makes these norms possible in the first place (Murumba 1998). TRIPs interferes overtly with this process because, by imposing a certain form of IP protection developed elsewhere, it precludes the possibility of legal norms being contested and developed domestically. In other words, TRIPs turns the traditional national-international paradigm upside down, requiring that the domestic deliberations which traditionally have produced legal norms and procedures be renegotiated in light of TRIPs obligations rather than domestic exigencies (Okediji 2003).] http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png

The Politics of Intellectual Property Rights and Access to MedicinesContestations Post-TRIPs and the Emergence of the IP—Access to Medicines Debate

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Publisher
Palgrave Macmillan UK
Copyright
© Palgrave Macmillan, a division of Macmillan Publishers Limited 2011
ISBN
978-1-349-31386-0
Pages
60 –84
DOI
10.1057/9780230306158_4
Publisher site
See Chapter on Publisher Site

Abstract

[The principles, norms and rules governing IPRs have always been contested. Given the territorial nature of most IP law-making since IPRs came into existence, such contestations among state and non-state actors have largely, although by no means solely, been confined to the domestic level. Until TRIPs entered the scene in 1995, international IP agreements allowed national governments significant policy space in which to design their own IP laws, thus allowing domestic IP laws to be embedded, at least to some extent, in the corresponding domestic socio-ethical-economic context that makes these norms possible in the first place (Murumba 1998). TRIPs interferes overtly with this process because, by imposing a certain form of IP protection developed elsewhere, it precludes the possibility of legal norms being contested and developed domestically. In other words, TRIPs turns the traditional national-international paradigm upside down, requiring that the domestic deliberations which traditionally have produced legal norms and procedures be renegotiated in light of TRIPs obligations rather than domestic exigencies (Okediji 2003).]

Published: Aug 29, 2015

Keywords: Compulsory License; Trade Regime; Business Actor; TRIPs Agreement; Doha Declaration

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