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  • In Defence of the Importance of Human Rights to the Improvement of Access to Patented Medicines

    Rights statement: This is a pre-copyedited, author-produced version of an article accepted for publication in Intellectual Property Quarterly following peer review. The definitive published version I.P.Q. 2022, 2, 51-61 is available online on Westlaw UK.

    Accepted author manuscript, 259 KB, PDF document

    Embargo ends: 15/06/23

    Available under license: CC BY-NC: Creative Commons Attribution-NonCommercial 4.0 International License

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In Defence of the Importance of Human Rights for the Improvement of Access to Patented Medicines: A Response to Thambisetty

Research output: Contribution to Journal/MagazineJournal articlepeer-review

Published
<mark>Journal publication date</mark>15/06/2022
<mark>Journal</mark>Intellectual Property Quarterly
Issue number2
Number of pages11
Pages (from-to)51-61
Publication StatusPublished
<mark>Original language</mark>English

Abstract

This article is a response to Siva Thambisetty, ‘Improving Access to Patented Medicines: Are Human Rights Getting in the Way?’ (2019) 4 IPQ 284. Thambisetty argues that human rights law can pose an obstacle to improving access to patented medicines. In response, I argue that while she raises salient points regarding the institutional efficiency and practical implementation of both human rights norms and patent law reform, she misinterprets key elements of the international human rights law system. These misinterpretations cloud her arguments such that she does not fully recognise the utility of human rights law and dialogue in patent reform and the remedy of abuses. Her argument does not consider key principles of the international legal hierarchy and the clear intersections which allow for the oversight of the operation of laws within the State as well as the progression towards greater oversight of the activities of non-state actors such as pharmaceutical corporations. In response, I argue that through the proper utilisation of international human rights law mechanisms and dialogue, current failings of patent law can be remedied, fostering instrumental changes in the international and domestic patent system, ensuring greater access to essential medicines.

Bibliographic note

This is a pre-copyedited, author-produced version of an article accepted for publication in Intellectual Property Quarterly following peer review. The definitive published version I.P.Q. 2022, 2, 51-61 is available online on Westlaw UK.