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date: 24 January 2019

Abstract and Keywords

This chapter considers the relationship between intellectual property (IP) and public health with a primary focus on US patent law and international law. The first part focuses on health innovation and considers the limits of patents and other exclusionary rights as a source of incentives for innovation to address certain public health priorities. It considers four categories of innovation that present a mismatch between public health priorities and private incentives for innovation: vaccines, anti-infectives, neglected diseases, and nonexcludable innovations. The second part considers conflicts between IP and public health arising from restrictions on access to patented technologies. It examines market and policy mechanisms to facilitate access to patented technologies, including price discrimination, public and private insurance, price controls, and legal restrictions on patents.

Keywords: Intellectual property, public health, vaccines, anti-infectives, neglected diseases, price discrimination, insurance, price controls, TRIPS Agreement, limits on patents

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