Who Shall Live When Not All Can Live? Intellectual Property in Accessing and Benefit-sharing Influenza Viruses through the World Health Organisation

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Title Who Shall Live When Not All Can Live? Intellectual Property in Accessing and Benefit-sharing Influenza Viruses through the World Health Organisation
Author Lawson, Charles
Journal Name Journal of Law and Medicine
Year Published 2011
Place of publication Australia
Publisher Lawbook Co.
Abstract This article addresses the development of the World Health Organisation's (WHO) arrangements for accessing viruses and the development of vaccines to respond to potential pandemics (and other lesser outbreaks). It examines the ongoing "conflict" between the United Nations' Convention on Biological Diversity (CBD) and the World Trade Organisation's Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) in the context of the debates about the paramountcy of intellectual property, and the potential for other (equity and development) imperatives to over-ride respect for intellectual property and TRIPS . The article concludes that the same intellectual property fault lines are evident in the WHO forum as those apparent at the CBD and the WTO fora, and an ongoing failure to properly address questions of equity and development. This poses a challenge for the Australian Government in guaranteeing a satisfactory pandemic influenza preparation and response.
Peer Reviewed Yes
Published Yes
Publisher URI http://www.thomsonreuters.com.au/catalogue/ProductDetails.asp?ID=965
Alternative URI http://legalonline.thomson.com.au/jour/index.jsp?mainJournalTitle=Journal+of+Law+and+Medicine&curRequestedHref=journals/JLM
Copyright Statement Copyright 2011 Thomson Legal & Regulatory Limited. The attached file is reproduced here in accordance with the copyright policy of the publisher. Please refer to the journal's website for access to the definitive, published version.
Volume 18
Issue Number 3
Page from 554
Page to 576
ISSN 1320-159X
Date Accessioned 2011-06-08; 2012-03-29T04:42:13Z
Date Available 2012-03-29T04:42:13Z
Research Centre Socio-Legal Research Centre
Faculty Arts, Education and Law
Subject Intellectual Property Law
URI http://hdl.handle.net/10072/44062
Publication Type Journal Articles (Refereed Article)
Publication Type Code c1d

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