Rochelle Dreyfuss – författare

This book focusses on the debates concerning aspects of intellectual property law that bear on access to medicines in a set of developing countries. Specifically, the contributors look at measures that regulate the acquisition, recognition, and use of patent rights on pharmaceuticals and trade secrets in data concerning them, along with the conditions under which these rights expire so as to permit the production of cheaper generic drugs. In addition, the book includes commentary from scholars in human rights, international institutions, and transnational activism. The case studies presented from 11 Latin American countries, have many commonalities in terms of economics, legal systems, and political histories, and yet they differ in the balance each has struck between proprietary interests and access concerns. The book documents this cross-country variation in legal norms and practice, identifies the factors that have led to differences in result, and theorizes as to how differentials among these countries occur and why they endure within a common transnational regulatory regime. The work concludes by putting the results of the investigations into a global administrative law frame and offers suggestions on institutional mechanisms for considering the trade-offs between health and wealth.

This book focusses on the debates concerning aspects of intellectual property law that bear on access to medicines in a set of developing countries. Specifically, the contributors look at measures that regulate the acquisition, recognition, and use of patent rights on pharmaceuticals and trade secrets in data concerning them, along with the conditions under which these rights expire so as to permit the production of cheaper generic drugs. In addition, the book includes commentary from scholars in human rights, international institutions, and transnational activism. The case studies presented from 11 Latin American countries, have many commonalities in terms of economics, legal systems, and political histories, and yet they differ in the balance each has struck between proprietary interests and access concerns. The book documents this cross-country variation in legal norms and practice, identifies the factors that have led to differences in result, and theorizes as to how differentials among these countries occur and why they endure within a common transnational regulatory regime. The work concludes by putting the results of the investigations into a global administrative law frame and offers suggestions on institutional mechanisms for considering the trade-offs between health and wealth.

This book focuses on the question of how much control innovators should be given over their works. The first parts examine the trend to increase control: first, by expanding the scope of intellectual property rights to add new subject matter; secondly, through increasing transactional autonomy. The former issue represents the key concerns of the intellectual property community; the latter issue is currently before both state and national legislatures.The question that these groups are debating is the subject of the next part: whether strong intellectual property rights, coupled with a high degree of transactional autonomy, promote innovation or chill interchange. One view is that the current legal regime should not be altered because it represents the right balance between the needs of information producers and the requirements of users. The contrary view is that stronger rights would allow potential collaborators to find one another, bargain for beneficial exchanges, and reallocate rights. The final sections explore the bases in constitutions, laws, and treaties for protecting the public domain. Four judges from the US federal courts and the UK high court then debate the practicalities of the frameworks proposed.