This paper was prepared by the author for the Max Planck Encyclopedia of Public International Law. It was initially published in the online edition in 2009, and in 2012 appeared in the hard copy bound volumes. The paper describes the various forms of intellectual property, the international...

In the Doha Declaration WTO Members committed themselves to implementing and interpreting the TRIPS Agreement to allow full use of its flexibilities, and to promote access to medicines for all. In the Doha Declaration there was an express acknowledgment of the right of Members to grant...

Government trade ministers arrived at that the WTO Seattle Ministerial Conference in late November 1999 without preliminary agreement on the future course of multilateral trade negotiations, and they departed without reaching consensus on a new WTO agenda. There was ample warning that the WTO...

The paper describes the legal and regulatory mechanism in the United States pursuant to which generic versions of patented medicines may be approved for marketing by the Food and Drug Administration (FDA). The paper makes two basic points: (1) the system works reasonably well for the United...

The COVID-19 pandemic has caused Governments to contemplate measures to override patents and other intellectual property rights (IPRs) in order to facilitate production and distribution of vaccines, treatments, diagnostics and medical devices. This paper discusses whether the COVID-19 pandemic...

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...

The optimal approach to creating and maintaining an equitable balance in the international IPRs system will likely involve a combination of approaches. The goal of the international IPRs system should be to promote innovation, while protecting against the continuation and exacerbation of a stark...