Cookies Policy
X

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

A Delicate Balance: the Right to Health Care, IP Rights in Pharmaceuticals and TRIPS Compliance

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

This chapter argues that moral considerations relating to the right to health care impose obligations on the pharmaceutical companies that cannot be avoided by asserting the necessity to exercise intellectual property rights, maximize profits and recover R&p;D costs. It point outs that this moral obligation requires attention to both negative and positive duties. However, before considering in detail this principal argument based on the relationship between strong IP rights and R&p;D, the chapter briefly re-visits an argument that defends IP rights in pharmaceuticals on the basis of fairness rather than utility. A closer examination of the context in which the so-called 2001 Doha Declaration was realized perhaps reveals a fuller picture of the motivation behind the push for Trade-related Aspects of Intellectual Property Rights (TRIPS) compliance.

Keywords: intellectual property rights; pharmaceutical companies; right to health care; TRIPS compliance

10.1163/ej.9789004166943.i-296.78
/content/books/10.1163/ej.9789004166943.i-296.78
dcterms_subject,pub_keyword
6
3
Loading

Sign-in

Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
     
    Property Rights, Indigenous People and the Developing World — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation