Popping Patented Pills: Europe and a Decade's Dose of Trips

European Intellectual Property Review, p. 202, 2006

Oxford Legal Studies Research Paper No. 25/2006

18 Pages Posted: 17 May 2006

See all articles by David Vaver

David Vaver

York University - Osgoode Hall Law School

Shamnad Basheer

Nirma University - Institute of Law

Abstract

This paper considers some features of Europe's approach to medicine, public health and patents as it has developed during the decade since TRIPs came into force. It then reviews what rights users have in relation to such patents and what duties right holders may owe users. The following issues are discussed: 1. How patents on medicines are viewed in Europe; 2. How TRIPs has affected European law; 3. How bilateral agreements since TRIPs have affected Europe; 4. How user rights should be viewed under TRIPs; 5. Whether patents in the public health field are a special case.

Suggested Citation

Vaver, David and Basheer, Shamnad, Popping Patented Pills: Europe and a Decade's Dose of Trips. European Intellectual Property Review, p. 202, 2006; Oxford Legal Studies Research Paper No. 25/2006. Available at SSRN: https://ssrn.com/abstract=902795

David Vaver (Contact Author)

York University - Osgoode Hall Law School ( email )

4700 Keele Street
Toronto, Ontario M3J 1P3
Canada

Shamnad Basheer

Nirma University - Institute of Law ( email )

Sarkhej-Gandhinagar Highway
Gota
Ahmedabad, Gujarat 382 481
India

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