chapter  17
22 Pages

Patents and medicines: the relationship between TRIPS and the human right to health

WithPhilippe Cullet

While human rights documents have given some consideration to the position of intellectual property in relation to human rights, there has been no similar effort in the field of intellectual property. This chapter starts by examining the conceptual framework in which the debate over access to drugs is taking place. The first section looks at the intellectual property perspective and examines in particular the situation as it is developing in the context of the Trade-Related Aspects of Intellectual Property Rights Agreement. The second section focuses on human rights and examines in particular the development of the links between human rights and intellectual property. Finally, the third section examines some of the possible solutions to the problem of access to drugs in developing countries, focusing on the contribution that human rights can make to the debate in the case of inconsistencies between intellectual property and human rights.