Why are Generic Drugs Being Held Up in Transit? Intellectual Property Rights, International Trade, and the Right to Health in Brazil and Beyond

Journal of Law, Medicine & Ethics, 40: 197-205 (2012)

14 Pages Posted: 19 Aug 2015

See all articles by Monica Steffen Guise

Monica Steffen Guise

Getulio Vargas Foundation (FGV) - Fundação Getulio Vargas Law School at São Paulo

Lea Shaver

Indiana University Robert H. McKinney School of Law

Date Written: 2012

Abstract

Access to medicines faces a new legal threat: “border enforcement” of drug patents. Using Brazil as an example, this article shows how the right to health depends on international trade. Border seizures of generic drugs present human rights and trade institutions with a unique challenge. Can public health advocates rise to meet it?

Keywords: generic drugs, intellectual property

Suggested Citation

Guise, Monica Steffen and Shaver, Lea Bishop, Why are Generic Drugs Being Held Up in Transit? Intellectual Property Rights, International Trade, and the Right to Health in Brazil and Beyond (2012). Journal of Law, Medicine & Ethics, 40: 197-205 (2012). Available at SSRN: https://ssrn.com/abstract=2646830

Monica Steffen Guise

Getulio Vargas Foundation (FGV) - Fundação Getulio Vargas Law School at São Paulo ( email )

Brazil

Lea Bishop Shaver (Contact Author)

Indiana University Robert H. McKinney School of Law ( email )

530 West New York Street
Indianapolis, IN 46202
United States

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