Preserving patent policy space and securing access to medicines in developing countries: the role of states and pharmaceutical corporations

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dc.contributor.advisor Hedley, Stephen William en
dc.contributor.advisor Crowley, Louise en
dc.contributor.author Oke, Emmanuel Kolawole
dc.date.accessioned 2015-12-15T16:55:38Z
dc.date.issued 2015
dc.date.submitted 2015
dc.identifier.citation Oke, E. K. 2015. Preserving patent policy space and securing access to medicines in developing countries: the role of states and pharmaceutical corporations. PhD Thesis, University College Cork. en
dc.identifier.uri http://hdl.handle.net/10468/2146
dc.description.abstract This thesis examines the tension between patent rights and the right to health and it recognizes patent rights on pharmaceutical products as one of the factors responsible for the problem of lack of access to affordable medicines in developing countries. The thesis contends that, in order to preserve their patent policy space and secure access to affordable medicines for their citizens, developing countries should incorporate a model of human rights into the design, implementation, interpretation, and enforcement of their national patent laws. The thesis provides a systematic analysis of court decisions from four key developing countries (Brazil, India, Kenya, and South Africa) and it assesses how the national courts in these countries resolve the tension between patent rights and the right to health. Essentially, this thesis demonstrates how a model of human rights can be incorporated into the adjudication of disputes involving patent rights in national courts. Focusing specifically on Brazil, the thesis equally demonstrates how policy makers and law makers at the national level can incorporate a model of human rights into the design or amendment of their national patent law. This thesis also contributes to the ongoing debate in the field of business and human rights with regard to the mechanisms that can be used to hold corporate actors accountable for their human rights responsibilities. This thesis recognizes that, while states bear the primary responsibility to respect, protect, and fulfil the right to health, corporate actors such as pharmaceutical companies also have a baseline responsibility to respect the right to health. This thesis therefore contends that pharmaceutical companies that own patent rights on pharmaceutical products can be held accountable for their right to health responsibilities at the national level through the incorporation of a model of civic participation into a country’s patent law system. en
dc.description.sponsorship Faculty of Law, University College Cork en
dc.format.mimetype application/pdf en
dc.language.iso en en
dc.publisher University College Cork en
dc.rights © 2015, Emmanuel Kolawole Oke. en
dc.rights.uri http://creativecommons.org/licenses/by-nc-nd/3.0/ en
dc.subject International patent law and policy en
dc.subject Human right to health en
dc.subject Access to medicines en
dc.subject Developing countries en
dc.subject Intellectual property rights and human rights en
dc.subject Business and human rights en
dc.subject TRIPS agreement en
dc.title Preserving patent policy space and securing access to medicines in developing countries: the role of states and pharmaceutical corporations en
dc.type Doctoral thesis en
dc.type.qualificationlevel Doctoral en
dc.type.qualificationname PhD (Law) en
dc.internal.availability Full text not available en
dc.check.info Indefinite en
dc.check.date 10000-01-01
dc.description.version Accepted Version
dc.contributor.funder University College Cork en
dc.description.status Not peer reviewed en
dc.internal.school Law en
dc.check.reason This thesis is due for publication or the author is actively seeking to publish this material en
dc.check.opt-out Yes en
dc.thesis.opt-out true
dc.check.entireThesis Entire Thesis Restricted
dc.check.embargoformat E-thesis on CORA only en
dc.internal.conferring Autumn Conferring 2015


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© 2015, Emmanuel Kolawole Oke. Except where otherwise noted, this item's license is described as © 2015, Emmanuel Kolawole Oke.
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