An Elementary Consideration of Humanity? Linking Trade-Related Intellectual Property Rights to the Human Right to Health in International Law

@article{Forman2010AnEC,
  title={An Elementary Consideration of Humanity? Linking Trade-Related Intellectual Property Rights to the Human Right to Health in International Law},
  author={L. Forman},
  journal={Intellectual Property: Trademark Law eJournal},
  year={2010}
}
  • L. Forman
  • Published 2010
  • Sociology
  • Intellectual Property: Trademark Law eJournal
This paper explores methods of achieving linkage in international law between the human right to health and the World Trade Organization (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)). It explores the relevance to this question of international law's accepted hierarchies, namely jus cogens (peremptory norms), ergo omnes duties (duties “owed to all”) and section 103 of the United Nations (UN) Charter. It argues that these rules collectively prohibit gross… Expand
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