9 Pharmaceutical Patents and the Human Right to Health The Contested Evolution of the Transnational Legal Order on Access to Medicines

Laurence R. Helfer

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Intellectual Property Law Pharmaceutical Economics and Policy World Trade Organization Law

Abstract

This chapter analyzes the origins, evolution, and impact of the TLO on access to medicines (A2M). This TLO is currently characterized by a low level of norma-tive settlement and institutional alignment (the “low institutionalization ” cell of Figure 1.3 in Halliday & Shaffer, Chapter 1). Disputes over the regulation of A2M

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References

2004The Regime Complex for Plant Genetic Resources 2001Global Business Regulation 2007All politics is global: explaining international regulatory regimes 2002In the Shadow of Law or Power? Consensus-Based Bargaining and Outcomes in the GATT/WTO 2009The Implementation Game: The TRIPS Agreement and the Global Politics of Intellectual Property Reform in Developing Countries 2017The Justice Cascade: The Evolution and Impact of Foreign Human Rights Trials in Latin America 2006Is access to essential medicines as part of the fulfilment of the right to health enforceable through the courts?2008All Politics Is Global

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2014How the W orld T rade O rganization shapes regulatory governance 2018Assessing Access to Medicines in Preferential Trade Agreements: From the Trans-Pacific Partnership to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership

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