Title |
Comment: Compulsory Licensing of Patented Pharmaceutical Inventions: Evaluating the Options
|
---|---|
Published in |
The Journal of Law, Medicine & Ethics, January 2021
|
DOI | 10.1111/j.1748-720x.2009.00369.x |
Pubmed ID | |
Authors |
Jerome H Reichman |
Abstract |
In this Comment, the author traces the relevant legislative history pertaining to compulsory licensing of patented pharmaceuticals from the TRIPS Agreement of 1994 to the 2003 waiver to, and later proposed amendment of, article 31, which enables poor countries to obtain needed medicines from other countries that possess manufacturing capacity. The Comment then evaluates recent, controversial uses of the relevant legislative machinery as viewed from different critical perspectives. The Comment shows how developing countries seeking access to essential medicines can collaborate in ways that would avoid undermining incentives to innovation and other social costs attributed to compulsory licensing. It ends by defending the legality of recent measures taken to promote public health in developing countries, and by reminding developed countries that unilateral retaliation against such measures is demonstratably illegal under WTO foundational law and jurisprudence. |
X Demographics
Geographical breakdown
Country | Count | As % |
---|---|---|
United States | 8 | 29% |
India | 3 | 11% |
Canada | 3 | 11% |
Australia | 1 | 4% |
United Kingdom | 1 | 4% |
Malaysia | 1 | 4% |
Italy | 1 | 4% |
Unknown | 10 | 36% |
Demographic breakdown
Type | Count | As % |
---|---|---|
Members of the public | 18 | 64% |
Scientists | 5 | 18% |
Science communicators (journalists, bloggers, editors) | 3 | 11% |
Practitioners (doctors, other healthcare professionals) | 2 | 7% |
Mendeley readers
Geographical breakdown
Country | Count | As % |
---|---|---|
United States | 2 | 2% |
Mexico | 1 | <1% |
Portugal | 1 | <1% |
Unknown | 119 | 97% |
Demographic breakdown
Readers by professional status | Count | As % |
---|---|---|
Student > Master | 22 | 18% |
Researcher | 13 | 11% |
Student > Bachelor | 13 | 11% |
Student > Postgraduate | 11 | 9% |
Student > Ph. D. Student | 8 | 7% |
Other | 30 | 24% |
Unknown | 26 | 21% |
Readers by discipline | Count | As % |
---|---|---|
Social Sciences | 38 | 31% |
Medicine and Dentistry | 20 | 16% |
Business, Management and Accounting | 6 | 5% |
Agricultural and Biological Sciences | 6 | 5% |
Economics, Econometrics and Finance | 5 | 4% |
Other | 19 | 15% |
Unknown | 29 | 24% |