Current Controversies Concerning Patent Rights and Public Health in a World of International Norms

Abstract

This chapter will examine current issues concerning the appropriate balance between patent rights and public health under TRIPS. After reviewing the background to TRIPS, it will analyze TRIPS members' efforts to address these issues and discuss their reactions to the recent trend towards increasing patent rights. Recent action taken by India (2005 amendment to patent laws) and Thailand (compulsory licenses) will be given particular emphasis.

Keywords: patent, TRIPS, health, India, Thailand, compulsory license, Doha Public Health Declaration

JEL Classification: O34, O31, K33, H51, I18