Legal Movements in Intellectual Property: TRIPs, Unilateral Action, Bilateral Agreements, and HIV/AIDS
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WTO, AIDS, HIV, TRIPs Agreement, Intellectual Property, Voluntary drug price reductions, Pharmaceutical companies, Patents, Access to essential medicine, United States, Developing countries
This Article begins with an overview of the relationship between the Agreement on Trade-Related Aspects of Intellectual Property Rights (the "TRIPS Agreement") and the HIV/AIDS pandemic which created the need for the Doha Declaration. It then discusses two trade-related movements, unilateral action and TRIPS-plus bilateral agreements, that call into question the long-term effectiveness of the TRIPS Agreement process, generally, and the benefits of the Doha Declaration, in particular, in addressing multiple facets of the access to essential medicines problem. This Article concludes that a consideration of these issues should be included in the development of any further TRIPS-related solutions to the HIV/AIDS pandemic.
Emory International Law Review
Margo A. Bagley, Legal Movements in Intellectual Property: TRIPs, Unilateral Action, Bilateral Agreements, and HIV/AIDS, 17 EMORY INT'l L. REV. 781 (2003).
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