Is the right to health undermined by the agreement of trade-related aspects of intellectual property rights? / Helmi Khair

This article aims to provide a brief overview of the Agreement of Trade-Related Aspects of Intellectual Property Rights (TRIPS). The analysis will be focused on the agreement itself, its flexibilities, and its impacts on the right of access to affordable medicine. Particularly on medicines which ar...

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Main Author: Khair, Helmi
Format: Article
Language:English
Published: Universiti Teknologi MARA, Negeri Sembilan 2016
Subjects:
Online Access:https://ir.uitm.edu.my/id/eprint/29283/
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author Khair, Helmi
author_facet Khair, Helmi
author_sort Khair, Helmi
building UiTM Institutional Repository
collection Online Access
description This article aims to provide a brief overview of the Agreement of Trade-Related Aspects of Intellectual Property Rights (TRIPS). The analysis will be focused on the agreement itself, its flexibilities, and its impacts on the right of access to affordable medicine. Particularly on medicines which are still under patent protection, a standardised protection period of the same, and the inclusion of pharmaceutical products within the ambit of patentable subject matter is arguably affecting one’s right to access to affordable medications. Further, the clash of interests i.e between patent holders (mostly, big pharmaceutical companies) and affected people (mainly, patients and their family) is highly likely to happen – especially in poor and developing countries. This paper seeks to assess whether the right to health is undermined by the TRIPS Agreement, and the analysis finds that such right is not adversely affected by the same.
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spelling uitm-292832020-04-03T00:45:17Z https://ir.uitm.edu.my/id/eprint/29283/ Is the right to health undermined by the agreement of trade-related aspects of intellectual property rights? / Helmi Khair joa Khair, Helmi Comparative law. International uniform Law Intellectual property This article aims to provide a brief overview of the Agreement of Trade-Related Aspects of Intellectual Property Rights (TRIPS). The analysis will be focused on the agreement itself, its flexibilities, and its impacts on the right of access to affordable medicine. Particularly on medicines which are still under patent protection, a standardised protection period of the same, and the inclusion of pharmaceutical products within the ambit of patentable subject matter is arguably affecting one’s right to access to affordable medications. Further, the clash of interests i.e between patent holders (mostly, big pharmaceutical companies) and affected people (mainly, patients and their family) is highly likely to happen – especially in poor and developing countries. This paper seeks to assess whether the right to health is undermined by the TRIPS Agreement, and the analysis finds that such right is not adversely affected by the same. Universiti Teknologi MARA, Negeri Sembilan 2016 Article PeerReviewed text en https://ir.uitm.edu.my/id/eprint/29283/1/29283.pdf Khair, Helmi (2016) Is the right to health undermined by the agreement of trade-related aspects of intellectual property rights? / Helmi Khair. (2016) Journal of Academia <https://ir.uitm.edu.my/view/publication/Journal_of_Academia.html>, 4 (1). pp. 28-33. ISSN 2289-6368 https://nsembilan.uitm.edu.my/joacns/
spellingShingle Comparative law. International uniform Law
Intellectual property
Khair, Helmi
Is the right to health undermined by the agreement of trade-related aspects of intellectual property rights? / Helmi Khair
title Is the right to health undermined by the agreement of trade-related aspects of intellectual property rights? / Helmi Khair
title_full Is the right to health undermined by the agreement of trade-related aspects of intellectual property rights? / Helmi Khair
title_fullStr Is the right to health undermined by the agreement of trade-related aspects of intellectual property rights? / Helmi Khair
title_full_unstemmed Is the right to health undermined by the agreement of trade-related aspects of intellectual property rights? / Helmi Khair
title_short Is the right to health undermined by the agreement of trade-related aspects of intellectual property rights? / Helmi Khair
title_sort is the right to health undermined by the agreement of trade-related aspects of intellectual property rights? / helmi khair
topic Comparative law. International uniform Law
Intellectual property
url https://ir.uitm.edu.my/id/eprint/29283/
https://ir.uitm.edu.my/id/eprint/29283/