Volta

Moving Theory into Practice: Human Rights Impact Assessment of Intellectual Property Rights in Trade Agreements

This article explores the development of methodologies for human rights and right to health-specific impact assessment of trade-related intellectual property rights. These methodologies seek to respond to the restrictive impact of international and bilateral trade rules on domestic and global policy options to ensure access to affordable medicines in low and middle-income countries. Methodologies for right to health-specific impact assessment are emerging from human rights impact assessments, themselves an offshoot from the broader field of social and health impact assessment. A right to health-specific impact assessment allows policymakers to prospectively predict the impact of intellectual property rights on domestic medicines policy, and therefore on the realization of legal duties under the international human right to the highest attainable standard of …

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