Transformation of an Order through Reversal of a Norm-Hierarchy
The Protection of Intellectual Property and the Right to Health
Produktform: Buch
For years the pharmaceutical industry succeeded in massively restricting the
production of generic medicines and thus also impeding access to urgently
needed treatments – particularly for people in the Third World. As justification, it
cited the protection of intellectual property, detailed rules for which were laid
down in the TRIPS agreement of 1994. However, rising states, working with
civil-society allies, managed gradually to bring about an easing of patent-protection
rights in favour of increased regard for the right to health, thus effecting a
complete reversal in the norm hierarchy. The authors analyse this development
and formulate a number of corresponding recommendations as to how changes
in norms and orders might be successfully brought about in future.
Saskia Scholz is a researcher in peace and conflict studies at the Goethe University
Frankfurt and the Technical University of Darmstadt. She is engaged as a
Student Assistant in PRIF’s "Private Actors in the Transnational Sphere" research
department.
Professor Klaus Dieter Wolf is Deputy Director of PRIF and head of its "Private
Actors in the Transnational Sphere" research department. He holds the chair in
International Relations at the Institute of Political Science, Technical University of
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