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Patent Necessity: Intellectual Property Dilemmas in the Biotech Domain & Treatment Equity for Developing Countries

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Patent Necessity: Intellectual Property Dilemmas in the Biotech Domain & Treatment Equity for Developing Countries
Author(s)Spectar, Jem M.
AbstractFirst, the article reviews the differences between North and South on intellectual property rights, especially with regard to the patentability of plants that often provide the compounds for commercial pharmaceutical products. Then, focusing on the illustrative case of plant genetic resources, the article discusses the differing North-South postures, preferences and priorities that have often colluded to create an impasse in negotiations on IPR protection. In the main, the article argues that the inability of the North and South to satisfactorily resolve key questions about the nature, purpose and extent of intellectual property protection in the previous negotiations sowed the seeds of future conflicts over issues such as compulsory licensing and sovereign rights. The article makes several recommendations designed to increase the prospects for achieving treatment equity in the context of the AIDS pandemic without undermining global intellectual property and trade regimes.
IssueNo
Pages227-279
ArticleAccess to Article
SourceHouston Journal of International Law
VolumeNo227
PubDate2002
ISBN_ISSN0194-1879


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