Article ID: CBB886158125

The Intellectual Property Turn in Global Health: From a Property to a Human Rights View of Health (2021)

unapi

International intellectual property (IP) law for pharmaceuticals has fundamentally shifted in the twenty-first century from a property-centric to a human rights view. Scholars tend to explain this transformation in the context of both the power struggle between developing and developed countries, and the influence of a social movement that criticized IP rights as hindering access to essential medicines. Yet, these explanations leave out the central role of two international organizations, the World Trade Organization (WTO) and the World Health Organization (WHO), and particularly their permanent staffs, whose boundary disputes have shaped international IP law at the intersection of trade and global health. Bringing into conversation historical and legal literatures on global health and IP, this article traces how a human rights perspective on IP emerged as a strategy to reconcile the WHO staff’s sociomedical views of health with an increasingly dominant set of global IP rules. It shows how the WHO staff used the language of economics—an analytical frame favored by the WTO—to advance a then unorthodox economic understanding of IP as a type of governmental regulation. This allowed the WHO to argue that states should enjoy regulatory autonomy to curtail IP rights in order to meet broader state objectives, such as human rights protection. Paradoxically, despite their divergent views on the nature of IP, both WTO and WHO engagement with it heralded the emergence of a new technocratic view of global health that focuses on patentable medicines and technologies, and that has ultimately turned away from the WHO’s sociomedical roots.

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Authors & Contributors
Biehl, Joao
Biagioli, Mario
Brown, Theodore M.
Cueto, Marcos
Faunce, Thomas Alured
Fee, Elizabeth
Journals
Osiris: A Research Journal Devoted to the History of Science and Its Cultural Influences
History of Psychiatry
Human Rights Quarterly
Journal of Medieval and Early Modern Studies
Medical History
NTM: Zeitschrift für Geschichte der Naturwissenschaften, Technik und Medizin
Publishers
Cambridge University Press
European Association for the History of Medicine and Health Publications
Franco Angeli
Martinus Nijhoff/Brill
University of Massachusetts Press
University of Southampton (United Kingdom)
Concepts
Medicine and law
Medicine
Human rights
Medicine and government
Intellectual property
Public health
People
Nixon, Richard M.
Chambeyron, Antoine-Marie
Time Periods
20th century, late
21st century
20th century
17th century
18th century
19th century
Places
United States
Great Britain
France
Africa
Brazil
Mexico
Institutions
World Health Organization (WHO)
United Nations
World Bank
United States. Atomic Energy Commission
United States. Federal Bureau of Narcotics
Bill and Melinda Gates Foundation
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