Ho, Cynthia M. --- "Current controversies concerning patent rights and public health in a world of international norms" [2019] ELECD 758; in Takenaka, Toshiko (ed), "Research Handbook on Patent Law and Theory" (Edward Elgar Publishing, 2019) 419

Book Title: Research Handbook on Patent Law and Theory

Editor(s): Takenaka, Toshiko

Publisher: Edward Elgar Publishing

Section: Chapter 17

Section Title: Current controversies concerning patent rights and public health in a world of international norms

Author(s): Ho, Cynthia M.

Number of pages: 34

Abstract/Description:

An ever-present question is how to properly balance patent rights with public health. However, this question is arguably becoming more difficult in an era of proliferating international agreements and norms. This chapter describes the genesis and requirements of the basic international framework for patents pursuant to the Trade Related Intellectual Property Agreement (‘TRIPS’). After introducing basic TRIPS requirements, controversies are discussed including India’s controversial law barring certain inventions from patentability, as well as compulsory license controversies, including political pressure and retaliation. In addition, newer challenges are discussed, such as TRIPS plus requirements concerning patent and regulatory laws as well as investor-state disputes under international agreements. Lastly, the chapter provides some thoughts on how to balance patent rights with public health.