Intellectual Property and Human Rights

In 2007, I published my thesis entitled "Finding a Healthy Balance: Evaluating Models for Change to International Intellectual Property Laws Affecting Global Access to Medicine and Realisation of the Human Right to Health." An article based on the thesis was published in 2008.


Human rights have been diffused by waves of globalisation that also swell the economic forces of trade liberalisation so that they include diverse multilateral regimes such as the international intellectual property system (TRIPS). This thesis reviews the relevant literature and identifies problems with TRIPS and the way it affects individuals’ ability to access medicine and consequently to realise the human right to health. It identifies six models for improvement to the TRIPS system. It evaluates their ability to balance providing consumers with essential medicine and innovators, often multi-national corporations, with incentives, so that they continue to develop medicine to address health needs. The case studies of India, Thailand and Mozambique demonstrate that the existing TRIPS system is insufficient for progressive realisation of the human right to health. The model that best balances the normative and practical demands proposes a global taxation body that requires States to contribute to a fund which oversees the distribution of essential medicine by streamlining and enhancing existing aid and research and development projects. It creates a multi-stakeholder forum to facilitate this work and encourages States to work with multi-national corporations. If intergovernmental organisations, Civil Society and the media coordinate to overcome obstacles to the adoption and implementation of this model, it can create a feasible balance between competing interests to develop an intellectual property system which enhances the implementation of the human right to health.

A copy of the thesis is located here.