[Ip-health] Cynthia Ho, Thailand CL article

[Aidan Hollis]

Lengthy analysis of Thailand's compulsory licenses, now published.

Patent Breaking or Balancing? Separating Strands of Fact from Fiction
Under TRIPS

Cynthia M. Ho, Loyola University of Chicago School of Law
North Carolina Journal of International Law and Commercial Regulation,
Vol. 34, 2009

Abstract:
This paper focuses on Thailand's recent issuance of half a dozen
compulsory licenses as a case study to examine the scope of compulsory
licensing under TRIPS. This article aims to provide a correct
interpretation of compulsory licensing under TRIPS article 31, while
simultaneously noting and debunking prevailing interpretations. There
is presently great confusion and lack of scholarship regarding the use
of compulsory licenses by middle-income countries, as well as the
appropriate use of licenses for chronic diseases beyond HIV. This
article accordingly fills this gap and also concludes by suggesting
additional issues in need of further inquiry, such as a competing
perspectives on patents, that may currently contribute to continued
resistance to appropriate interpretations of TRIPS.

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1218944

Aidan Hollis
Professor of Economics

University of Calgary, 2500 University Dr NW Calgary AB T2N 1N4 Canada
tel: +1 403 220 5861  fax: +1 403 220 5861
email: ahollis@ucalgary.ca
web: http://econ.ucalgary.ca/hollis.htm

Incentives for Global Health
http://www.healthimpactfund.org