Towards a New IP World Order?
Edited by Gustavo Ghidini, Rudolph J.R. Peritz and Marco Ricolfi
Chapter 1: When framing meets law: Using human rights as a practical instrument to facilitate access to medicines in developing countries
Over the past decade, the debate about the relationship between access to medicines and human rights has, to a large extent, come to define the politics of intellectual property (IP). This chapter describes how Non-governmental Organisations (NGOs) seeking to draw attention to the potentially adverse effects of patents for pharmaceutical products for public health, particularly for people living with Human Immunodeficiency Virus/Acquired Immune-Deficiency Syndrome (HIV/AIDS), not only reshaped the international debate about the relationship between IP rights and access to medicines by framing it as a human rights issue, but have also utilised the concrete human rights principles enshrined in national constitutional law as a practical tool in their campaigns, often to far-reaching effect.
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