Intellectual Property Rights: A Concise Guide (Chapter 2), and Intellectual Property Rights: How They Affect Procurement and What Steps Can Be Taken (Annex B)

BATTLING HIV/AIDS: A DECISION MAKER’S GUIDE TO THE PROCUREMENT OF MEDICINES AND RELATED SUPPLIES, pp. 11-20, 105-129, Y. Tayler, ed., World Bank, 2004

FSU College of Law, Public Law Research Paper

FSU College of Law, Law, Business & Economics Paper

38 Pages Posted: 19 Jan 2012

See all articles by Frederick M. Abbott

Frederick M. Abbott

Florida State University - College of Law

Date Written: September 1, 2004

Abstract

The procurement of HIV/AIDS-related medicines and supplies is directly affected by rights in intellectual property, most notably patents. The subject of intellectual property is very complex. Some areas are confusing even to the most highly trained specialists. Yet procurement authorities cannot avoid the subject. When supplies of low-cost, high-quality medicines are sought from so-called “generic” producers, holders of patents on those same medicines may object. But procurement authorities may be able to overcome patent obstacles by using “flexibilities” established by international agreement. These flexibilities were recently affirmed by the World Trade Organization as it addressed the relationship between intellectual property rights and public health. Chapter 2 outlines the basics a procurement authority should know, but, of necessity, presents only a simplified treatment of the subject. Annex B contains a detailed discussion of how patents and other intellectual property rights affect medicines procurement. Annex B should be consulted for a more complete discussion.

Keywords: Medicines Procurement, HIV-AIDS, TRIPS Agreement, flexibilities, patent, intellectual property

JEL Classification: H51, I18, K32, K33, O34

Suggested Citation

Abbott, Frederick M., Intellectual Property Rights: A Concise Guide (Chapter 2), and Intellectual Property Rights: How They Affect Procurement and What Steps Can Be Taken (Annex B) (September 1, 2004). BATTLING HIV/AIDS: A DECISION MAKER’S GUIDE TO THE PROCUREMENT OF MEDICINES AND RELATED SUPPLIES, pp. 11-20, 105-129, Y. Tayler, ed., World Bank, 2004, FSU College of Law, Public Law Research Paper, FSU College of Law, Law, Business & Economics Paper, Available at SSRN: https://ssrn.com/abstract=1987715

Frederick M. Abbott (Contact Author)

Florida State University - College of Law ( email )

425 W. Jefferson Street
Tallahassee, FL 32306
United States
850-644-1572 (Phone)
850-645-4862 or 917-591-3112 (Fax)

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