Chapter: Health and Intellectual Property

Research Handbook on Global Health Law, pp. 135-63, eds. G-L Burci & B. Toebes, Edward Elgar Pub., 2018

FSU College of Law, Public Law Research Paper No. 849

FSU College of Law, Law, Business & Economics Paper No. 4-17

29 Pages Posted: 26 Jul 2017 Last revised: 10 Dec 2018

See all articles by Frederick M. Abbott

Frederick M. Abbott

Florida State University - College of Law

Date Written: July 18, 2017

Abstract

This chapter addresses the interface between health and intellectual property (IP). The chapter provides an introduction to the forms of IP principally as they relate to health products, and describes the international legal framework in which IP is situated. It addresses the ways in which IP affects research and development (R&D), production, distribution and marketing of health products, mainly focusing on the pharmaceutical sector. It discusses various public policy issues associated with the relationship between health and IP, including tensions among demands for innovation, the grant of exclusive marketing rights and access to products that may be necessary to sustain life and health.

Keywords: global health law, intellectual property, pharmaceutical, patent, trademark, exhaustion of rights

JEL Classification: I15, I18, K33, O31, O34, O38, P45, P48

Suggested Citation

Abbott, Frederick M., Chapter: Health and Intellectual Property (July 18, 2017). Research Handbook on Global Health Law, pp. 135-63, eds. G-L Burci & B. Toebes, Edward Elgar Pub., 2018 , FSU College of Law, Public Law Research Paper No. 849, FSU College of Law, Law, Business & Economics Paper No. 4-17, Available at SSRN: https://ssrn.com/abstract=3007115

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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