Order Description
The Question
Critically examine the potential impact on the right to health of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).
You will find all this information has been uploaded as a document Microsoft word file
First of all, I’m a master student in the UK which I have 5.5 in ILETS and I took a course to develop my formal writing for 10 weeks a formal writing for master degree, I want a legal specialist in law who at least has a master degree to write my coursework and using different sources from journals, articles and online cases.
*Use the OSCOLA referencing style only, and please don’t forget to put the page number in footnote reference. For example; Adam McBeth, international economic actors and human right, (first edition, Routledge, 2010) p 40-41
*Please use reference after 100 words at least.
* please in the Bibliography organised like that:
Primary:
1. cases
2. Legislation
3. Papers
Secondary:
1. Books
2. Journal articles
3. Website
*please be careful from the plagiarism
* I will upload a recording from the lecture will help you how tutor would the coursework looks like.
*Please it’s important to include in this coursework about the right to health in chapter 7 of Sarah Joseph book of BLAME IT ON THE WTO? (TRIPS and the Right to Health), www.oapen.org/download?type=document&docid=454396
What is more, the general comment of the right to health
* The general comment 14.
https://www.refworld.org/pdfid/4538838d0.pdf
please if you will write from other books let me know which books you will write from them.
*please use the articles from those databases westlawuk , heinonline, lexis library, M project muse
The reading list:
• Essential Reading
• Adam Winkler “Yes, Corporations Are People and that’s why Hobby Lobby should lose at the Supreme Court” at: https://www.slate.com/articles/news_and_politics/jurisprudence/2014/03/co rporations_are_people_and_that_s_why_hobby_lobby_should_lose_at_th e_supreme.html
• Joseph, S. Blame It on the WTO? A Human Rights Critique (Oxford, Oxford University Press, chapter 7.
• Philippe Cullet, ‘Human Rights and Intellectual Property Protection in the TRIPS Era’ (2007) 29(2) Human Rights Quarterly 403, https://muse.jhu.edu/journals/human_rights_quarterly/v029/29.2cullet.html
• Agreement on Trade-Related Aspects of Intellectual Property Rights, www.wto.org/english/docs_e/legal_e/27-trips.pdf
1. Characterise ‘intellectual property protection’ See Article 15(1)(c)
International Covenant on Economic, Social and Cultural Rights.
2. Discuss the potential impact on the right to health of a strict interpretation of
the TRIPS Agreement.
3. Discuss the view that TRIPS and human rights are:
(i) Mutually exclusive.
(ii) Mutually supportive.
4. Discuss the legal status of the Doha Declaration on the TRIPS Agreement and
Public Health.
Further Reading
• More on TRIPS: www.wto.org/english/tratop_e/trips_e/trips_e.htm
• Report of the High Commissioner, The Impact of the Agreement on Trade-Related
Aspects of Intellectual Property Rights on human rights, E/CN.4/Sub.2/2001/13, 27
June 2001,
https://daccess-ddsny.un.org/doc/UNDOC/GEN/G01/143/45/PDF/G0114345.pdf?OpenElement.
• Committee on Economic, Social and Cultural Rights, General Comment No. 17 , The
right of everyone to benefit from the protection of the moral and material interests
resulting from any scientific, literary or artistic production of which he or she is the
author (article 15, paragraph 1 (c), of the Covenant), E/C.12/GC/17,
https://hrlibrary.umn.edu/gencomm/escgencom17.html
• Committee on Economic, Social and Cultural Rights, General Comment No. 14,
The right to the highest attainable standard of health (Twenty-second session, 2000),
U.N. Doc. E/C.12/2000/4 (2000),
www1.umn.edu/humanrts/gencomm/escgencom14.htm
• Special Rapporteur on the right of everyone to the enjoyment of the highest
attainable standard of physical and mental health,
https://www.ohchr.org/EN/Issues/Health/Pages/SRRightHealthIndex.aspx
• Declarations and Decisions on TRIPS
Between 2001 and 2015 WTO Members have adopted the following instruments on
TRIPS and public health, all available at
www.wto.org/english/tratop_e/trips_e/pharmpatent_e.htm
• 2001: Paragraph 17 of the main Doha Declaration, adopted on
14 November 2001 by the Fourth WTO Ministerial Conference, Doha, Qatar.
• 2001: Declaration on the TRIPS Agreement and Public Health, adopted on
14 November 2001 by the Fourth WTO Ministerial Conference, Doha, Qatar.
• 2002: Decision on the Extension of the Transition Period under Article 66.1 of
the TRIPS Agreement for Least-Developed Country Members for Certain
Obligations with Respect to Pharmaceutical Products, adopted by the TRIPS
Council on 27 June 2002. This Decision implements the second and third
sentences of paragraph 7 of the Doha Declaration on the TRIPS Agreement
and Public Health. Least-developed countries will not have to protect
pharmaceutical patents and test data until 1 January 2016.
• 2002: Decision on Least-Developed Country Members — Obligations Under
Article 70.9 of the TRIPS Agreement with Respect to Pharmaceutical
Products, adopted by the General Council on 8 July 2002. This Decision was
also taken with a view to ensuring attainment of the objectives of
paragraph 7 of the Doha Declaration on the TRIPS Agreement and Public
Health. It says least-developed countries will not have to give exclusive
marketing rights to pharmaceuticals that are subject of a patent application
until 1 January 2016.
• 2003: Decision on the Implementation of Paragraph 6 of the Doha
Declaration on the TRIPS Agreement and Public Health, adopted by the
General Council on 30 August 2003. This “waiver” removes limitations on
exports under compulsory licence to countries that cannot manufacture the
pharmaceuticals themselves. This Decision was adopted by the General
Council in the light of a statement read out by the Chairman.
• 2005: Decision on the Amendment of the TRIPS Agreement, adopted by the
General Council, 6 December 2005. The decision adopts a Protocol of
Amendment that is open for members to accept. The amendment itself will
come into force after two thirds of members have accepted it, and will
replace the August 2003 decision, as instructed in Paragraph 11 of that text.
The decision was adopted in the light of a statement read out by the
chairperson, who also read out a statement on “non-violation” complaints.
How many members have accepted the amendment?
• 2005: Hong Kong Ministerial Declaration Paragraph 40 on TRIPS and Public
Health
• 2007: Decision to extend deadline for accepting TRIPS Agreement
amendment
• 2009: Decision to extend deadline for accepting TRIPS Agreement
amendment
• 2011: Decision to extend deadline for accepting TRIPS Agreement
amendment
• 2013: Decision to extend deadline for accepting TRIPS Agreement
amendment
• 2015: Decision to extend deadline for accepting TRIPS Agreement
amendment
• 2015: Decision on the Extension of the Transition Period under Article 66.1 of
the TRIPS Agreement for Least-Developed Country Members for Certain
Obligations with Respect to Pharmaceutical Products adopted by the TRIPS
Council on 6 November 2015. This Decision extends the earlier decision that
was taken by the TRIPS Council in 2002 in order to implement paragraph 7 of
the Doha Declaration on the TRIPS Agreement and Public Health. Leastdeveloped
countries will not have to protect pharmaceutical patents and
test data until 1 January 2033.
• 2015: Decision on Least Developed Country Members – Obligations under
Article 70.8 and Article 70.9 of the TRIPS Agreement with Respect to
Pharmaceutical Products. This Decision complements the aforementioned
decision to extend the transition period for least developed country
Members by waiving certain obligations that would have otherwise been
applicable during the transition period.
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