Foreword / Paul Hunt

vii

Preface and Acknowledgements

ix

List of Abbreviations

xi

Introduction

1

1.

Historical Overview of Patents

5

Introduction

5

The Territorial Period

6

The International Period

11

The Global Period

17

Conclusion

30

2.

Perspectives on Patents

33

Introduction

33

Natural Rights Perspective

34

Economic Incentive Perspective

45

Towards an Alternative Normative Framework

62

Conclusion

66

3.

Public Health Safeguards in the TRIPS Agreement

69

Introduction

69

Interpretation of TRIPS in Accordance with the Vienna Convention on the Law of Treaties

70

Compulsory Licensing (Non-voluntary Licensing)

75

Other Public Health Safeguards

105

Conclusion

119

4.

Human Right to Access to Medicines

121

Introduction

121

Access to Medicine: An Element of the Right to Health

122

Access to Essential Medicines: An Element of the Right to Life

132

The Right to Access to Medicines as Customary International Law

134

Human Rights Responsibilities of Pharmaceutical Companies

142

Conclusion

154

5.

The Right to Science and Culture

155

Introduction

155

Drafting History

156

The Right of Everyone to Enjoy the Benefits of Scientific Progress and its Applications (Art. 15.1(b) of the ICESCR)

161

The Right to Benefit from die Protection of the Moral and Material Interests Resulting from any Scientific, Literary or Artistic Production of which He is the Author (Art. 15.1(c) of the ICESCR)

170

Conclusion

174

6.

Relationship between TRIPS and International Human Rights Law in the Context of Access to Medicines

177

Introduction

177

The Early Interface between TRIPS and Human Rights

177

Distinction between Intellectual Property Rights and Human Rights

180

Re-examination of Conflicts between TRIPS and Access to Medicines

191

Exploring a New Model for Health Innovation beyond TRIPS

200

Conclusion

201

7.

Human Rights, Intellectual Property, Innovation and Access to Medicines

203

Introduction

203

Relevant Human Rights

204

Cross-cutting Topics

208

A Human Rights Framework for Intellectual Property, Innovation and Access to Medicines

224

Conclusion

232

Conclusion

233

Bibliography

241

Index

271