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Balancing Wealth and HealthThe Battle over Intellectual Property and Access to Medicines in Latin America$
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Rochelle Dreyfuss and César Rodríguez-Garavito

Print publication date: 2014

Print ISBN-13: 9780199676743

Published to Oxford Scholarship Online: May 2014

DOI: 10.1093/acprof:oso/9780199676743.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 24 October 2020

The Battle over Intellectual Property Laws and Access to Medicines in Latin America

The Battle over Intellectual Property Laws and Access to Medicines in Latin America

A Primer on Global Administrative Law, Intellectual Property, and Political Contestation

(p.1) Chapter 1 The Battle over Intellectual Property Laws and Access to Medicines in Latin America
Balancing Wealth and Health

Rochelle Dreyfuss

César Rodríguez-Garavito

Oxford University Press

This chapter first sets out the book's purpose, which is to examine the debates concerning aspects of intellectual property law that bear on access to medicine; that is, the measures that regulate the acquisition, recognition, and use of patent rights on pharmaceuticals and trade secrets in data concerning them, along with the conditions under which these rights give way to the interest in public access to cheaper generic drugs. The book presents the results of a comparative study on intellectual property and access to medicines in eleven Latin American countries: five from South America (Argentina, Brazil, Chile, Colombia, and Ecuador), and six from Central American (Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, and Nicaragua). The chapter then discusses the discourse of global administrative law; theories of political contestation that underlie the analysis; and the concepts of intellectual property law relevant to the medicines debate and to a history of the region. An overview of the subsequent chapters is also presented.

Keywords:   intellectual property law, medicines, transnational regulation, Latin America

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