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The role of TRIPS in health innovation and access to medicines in Brazil

Cunha Villar, Luciana LU (2014) JAMM05 20141
Department of Law
Abstract
The thesis undertakes an analysis of the current tension between patents law obligations under TRIPS Agreement and human rights, specifically in the context of how the TRIPS Agreement influences health innovation and access to medicines in Brazil. Following a general overview of the interaction between human rights and patent law within the WTO, the central aim is based on the empirical analysis of two Brazilian case studies: “Pharmaceutical Patents on Access to Medicines” and “ONSA Network’s Genoma Program”. The purpose of the first case study is to describe how Brazilian access to medicine was impacted by the incorporation of TRIPS Agreement provisions into Brazil’s legislation, including how the country is making use of some TRIPS... (More)
The thesis undertakes an analysis of the current tension between patents law obligations under TRIPS Agreement and human rights, specifically in the context of how the TRIPS Agreement influences health innovation and access to medicines in Brazil. Following a general overview of the interaction between human rights and patent law within the WTO, the central aim is based on the empirical analysis of two Brazilian case studies: “Pharmaceutical Patents on Access to Medicines” and “ONSA Network’s Genoma Program”. The purpose of the first case study is to describe how Brazilian access to medicine was impacted by the incorporation of TRIPS Agreement provisions into Brazil’s legislation, including how the country is making use of some TRIPS flexibilities relevant to the subject matter, as well as assess the consequences of this impact. The second case study is an example of a reaction to the legal framework that followed the TRIPS Agreement and consists of a system of voluntary licensing, based on a collaborative and open approach to innovation, with the outcome of making the research data available free from patent's limitation. Considering that Brazil's intellectual property regime is strongly shaped by global regulation, particularly the terms of the TRIPS Agreement - as the case studies illustrate - the final purpose is to assess how to better accommodate human rights within the WTO, in order to provide Brazil (and other WTO members) with a more secure basis to pursue the balance between patents and human rights. (Less)
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author
Cunha Villar, Luciana LU
supervisor
organization
course
JAMM05 20141
year
type
H2 - Master's Degree (Two Years)
subject
language
English
id
4538808
date added to LUP
2014-07-16 15:36:46
date last changed
2014-07-16 15:36:46
@misc{4538808,
  abstract     = {{The thesis undertakes an analysis of the current tension between patents law obligations under TRIPS Agreement and human rights, specifically in the context of how the TRIPS Agreement influences health innovation and access to medicines in Brazil. Following a general overview of the interaction between human rights and patent law within the WTO, the central aim is based on the empirical analysis of two Brazilian case studies: “Pharmaceutical Patents on Access to Medicines” and “ONSA Network’s Genoma Program”. The purpose of the first case study is to describe how Brazilian access to medicine was impacted by the incorporation of TRIPS Agreement provisions into Brazil’s legislation, including how the country is making use of some TRIPS flexibilities relevant to the subject matter, as well as assess the consequences of this impact. The second case study is an example of a reaction to the legal framework that followed the TRIPS Agreement and consists of a system of voluntary licensing, based on a collaborative and open approach to innovation, with the outcome of making the research data available free from patent's limitation. Considering that Brazil's intellectual property regime is strongly shaped by global regulation, particularly the terms of the TRIPS Agreement - as the case studies illustrate - the final purpose is to assess how to better accommodate human rights within the WTO, in order to provide Brazil (and other WTO members) with a more secure basis to pursue the balance between patents and human rights.}},
  author       = {{Cunha Villar, Luciana}},
  language     = {{eng}},
  note         = {{Student Paper}},
  title        = {{The role of TRIPS in health innovation and access to medicines in Brazil}},
  year         = {{2014}},
}