"Some two decades will shortly have passed since the WTO's Trade Related Aspects of Intellectual Property Rights agreement came into force in 1995. TRIPS is widely considered to have had a negative impact on access to medicines through its rules on pharmaceutical patents. This volume is the...

Over the last few years, there has been a sustained and worldwide attack on the scope of patent eligibility for inventions in general and healthcare and biologic inventions in particular. This assault on the availability of patents for inventions in some of the most complex and labor intensive...

Until recently, successful patent plaintiffs would almost always be awarded injunctions against future infringement. Thanks to a recent change in remedies jurisprudence, however, patent plaintiffs today are often denied injunctions and awarded, instead, ongoing royalties. This change was made...

The “tragedy of the anti-commons” can lead to complex issues in fields of technology characterized by a strong focus on research and innovation, such as the pharmaceutical industry, with reference not only to the mere production of final products, which may be hindered by IPRs, but also to...

The debate about the relationship between intellectual property and human rights has come to be dominated by concerns about the implications of pharmaceutical products protected by patents and the negative, exclusionary, effects that may result in terms of access to medicines and the right to...

Patent rights on pharmaceutical products are one of the factors responsible for the lack of access to affordable medicines in developing countries. In this work, Emmanuel Kolawole Oke provides a systematic analysis of the tension between patent rights and human rights law, contending that, in...