Incentives For Global Public Health: Patent Law And Access To Essential Medicines (connecting International Law With Public Law)

This page intentionally left blank INCENTIVES FOR GLOBAL PUBLIC HEALTH This portrait of the global debate over patent law and access to essential medicines focuses on public health concerns about HIV/AIDS, malaria, tuberculosis, the SARS virus, influenza and diseases of poverty. The essays explore the diplomatic negotiations and disputes in key international forums, such as the World Trade Organization, the World Health Organization and the World Intellectual Property Organization. Drawing upon international trade law, innovation policy, intellectual property law, health law, human rights and philosophy, the authors seek to canvass policy solutions that encourage and reward worthwhile pharmaceutical innovation while ensuring affordable access to advanced medicines. A number of creative policy options are critically assessed, including the development of a Health Impact Fund, prizes for medical innovation, the use of patent pools, Open Source drug development and forms of ‘creative capitalism’. t h o m a s p o g g e is Leitner Professor of Philosophy and International Affairs at Yale University, Professorial Fellow at the ANU Centre for Applied Philosophy and Public Ethics (CAPPE), Research Director at the Oslo University Centre for the Study of Mind in Nature (CSMN) and Adjunct Professor at the University of Central Lancashire. m a t t h e w r i m m e r is a senior lecturer and Associate Director of Research at the ANU College of Law, and Associate Director of the Australian Centre for Intellectual Property in Agriculture. k i m r u b e n s t e i n is Professor and Director of the Centre for International and Public Law (CIPL) at the ANU College of Law, Australian National University. CONNECTING INTERNATIONAL LAW WITH PUBLIC LAW This series of books flows from workshops bringing public and international lawyers and public and international policy makers together for interdisciplinary discussion on selected topics and themes. It aims to broaden both public and international laws’ understanding of how these two areas intersect. Until now, international and public law have mainly overlapped in discussions on how international law is implemented domestically. This series is unique in consciously bringing together public and international lawyers to consider and engage in each other’s scholarship. Series Editors Professor Kim Rubenstein, Australian National University Professor Thomas Pogge, Yale University Books in the series Incentives for Global Public Health: Patent Law and Access to Essential Medicines Edited by Thomas Pogge, Matthew Rimmer and Kim Rubenstein Sanctions, Accountability and Governance in a Globalised World Edited by Jeremy Farrall and Kim Rubenstein I N C E N T I V E S F O R GL O B A L PUBLIC HEALTH Patent Law and Access to Essential Medicines Edited by THOMAS POGGE, MATTHEW RIMMER and KIM RUBENSTEIN CAMBRIDGE UNIVERSITY PRESS Cambridge, New York, Melbourne, Madrid, Cape Town, Singapore, São Paulo, Delhi, Dubai, Tokyo Cambridge University Press The Edinburgh Building, Cambridge CB2 8RU, UK Published in the United States of America by Cambridge University Press, New York www.cambridge.org Information on this title: www.cambridge.org/9780521116565 © Cambridge University Press 2010 This publication is in copyright. Subject to statutory exception and to the provision of relevant collective licensing agreements, no reproduction of any part may take place without the written permission of Cambridge University Press. First published in print format 2010 ISBN-13 978-0-511-75004-5 eBook (NetLibrary) ISBN-13 978-0-521-11656-5 Hardback Cambridge University Press has no responsibility for the persistence or accuracy of urls for external or third-party internet websites referred to in this publication, and does not guarantee that any conte