[Ip-health] New article on 'Health Care and Access to Patented Technologies'

[Kathryn Garforth]

--
[ Picked text/plain from multipart/alternative ]
I've authored an article on 'Health Care and Access to Patented
Technologies' that appears in the current (2005, volume 13) edition
of the Health Law Journal.

Here is the outline of the article as excerpted from the introduction:

Following this introduction, the article begins with a brief overview
of the
main provisions of patent law. Next, section III explores health care
and access to
patented technologies via a case study of Myriad Genetics and its
patents on genes
and genetic tests related to breast cancer. The role of how the cost
for the test might
affect access to existing and future treatments is explored in more
detail through
an analysis of relevant international and Canadian law. In
particular, the section
focuses on how Canadian courts, in light of the current case law,
might consider
the high cost of a patented genetic test when assessing medical
necessity and
justifications for discrimination under a section 1 Charter analysis.
Finally, section
V offers some concluding remarks.


You can access the full text of the article through my blog - http://
kathryn.garforthmitchell.net
The direct link to the article is http://kathryn.garforthmitchell.net/
downloads/AccesstoPatentedTechs.pdf

Comments and feedback are most welcome,
Kathryn