Access to Essential Innovation and Technology
Chapter 7: Wider perspectives
Chapters 5 and 6 presented means whereby greater access can be delivered to essential technologies by creating new opportunities for private entities (access seekers) as against private entities (IP owners), to avoid infringement actions and require more licensing; it is also clear that frequently the IP owner will still prevail. To what extent are the proposals made consistent with the existing responsibilities of states? And can a wider use be made of the interface between IP, competition and human rights in the international policy space, to bring out greater access opportunities for those who are not involved in a dispute or investigation? As discussed in Chapters 1 and 3, the enforcement systems applicable to states which are of interest to this book, and have the most practical impact in terms of procedural opportunity, are those provided by the ECtHR and the WTO dispute settlement system. It is interesting to note that both these fora provide means for others to make submissions,1 echoing the opportunities identified at national level and in the ECJ2 for decision makers to look more widely than the interests of the parties to the dispute. A finding that a state has acted inconsistently with its obligations under TRIPS can lead to sanctions relating to IP or other trade issues.3 Further, if it can be argued that the proposals made in Chapters 5 and 6 are inconsistent with obligations under TRIPS and the ECHR, national courts and EU institutions
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.