The Influence of the Andean Intellectual Property Regime on Access to Medicines in Latin America
Laurence R. Helfer
Duke University - School of Law
Karen J. Alter
Northwestern University - Department of Political Science; University of Copenhagen, Faculty of Law - iCourts Center of Excellence
August 26, 2011
BALANCING WEALTH AND HEALTH: GLOBAL ADMINISTRATIVE LAW AND THE BATTLE OVER INTELLECTUAL PROPERTY AND ACCESS TO MEDICINES IN LATIN AMERICA , Rochelle Dreyfuss & César Rodríguez-Garavito, eds. (2013)
This chapter is a contribution to "Balancing Wealth and Health: Global Administrative Law and the Battle over Intellectual Property and Access to Medicines in Latin America," Rochelle Dreyfuss & César Rodríguez-Garavito, eds. Part I of the chapter explains how the repeated interactions between the Andean Tribunal of Justice (ATJ) and domestic IP agencies in the Andean Community helped to build an effective IP rule of law and to solidify pro-consumer interpretations of regional patent and trademark rules. Part II documents how ATJ judges and agency officials enabled Andean governments to resist pressure from the United States and its pharmaceutical industry to circumvent the flexibilities in regional IP rules. Part III considers the broader implications of the Andean experience for access to medicines in Latin America, drawing on examples from the national case studies in this volume.
Number of Pages in PDF File: 13
Keywords: access to medicines, patents, pharmaceuticals, patented medicines, Andean Community, Andean Tribunal of JusticeAccepted Paper Series
Date posted: August 26, 2011 ; Last revised: December 11, 2012
© 2013 Social Science Electronic Publishing, Inc. All Rights Reserved.
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