Get the Balance Right!: Squaring Access with Patent Protection

Abstract

Professor Osenga discusses the tensions between the interests of patent holders and patients worldwide in need of pharmaceutical treatments. Explaining the combination of exclusive patent and compulsory license approaches that govern access to intellectual property by statute and treaty, she urges that a carefully conceived balancing of these approaches will best serve both interests.

Keywords: Intellectual Property, Patent Law, Human Rights

JEL Classification: K30, K39, O30, O34, O38