Moving Theory into Practice
Human Rights Impact Assessment of Intellectual Property Rights in Trade Agreements
Bibliographic Data
| ID | 12930156 |
|---|---|
| Authors | Lisa Forman (0000-0002-4200-9359, corresponding author), Gillian Macnaughton (0000-0002-4715-5072) |
| Year | 2015 |
| Volume | 7 |
| Issue | 1 |
| Pages | 109-138 |
| Publication date | 2015-02-01 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | Journal of Human Rights Practice (JOURNAL) |
| Journal identifiers | ISSN: 1757-9619 • E-ISSN: 1757-9627 |
| Publisher | Oxford University Press (OUP) (PUBLISHER) |
| DOI | 10.1093/jhuman/huv001 |
| OpenAlex | W1971243308 |
| Language | EN |
| Citations received | 8 |
| References cited | 17 |
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 health. The effective implementation of such an assessment provides an evidence base for broadening policy space in these countries towards improving access to generic and affordable patented medicines. Yet there has been little consensus to date on key questions of principle, methodology and implementation. We overview current literature and practice in this regard in order to assess the current state of the field and the prospects for wider-scale implementation. We first assess the growing international focus on the impact of trade-related intellectual property rights on access to medicines. We then explore the emergence of impact assessments in relation to health and human rights. Finally, we analyse the practical, methodological, political and theoretical challenges of right to health-specific impact assessment, and overview developments in practice and scholarship that suggest effective responses to these challenges
Business · Economic growth · Economics · Human rights · Impact assessment · Intellectual property · Law and economics · Political science · Public economics · Right to health · Scholarship · Environmental and Social Impact Assessments · Human Rights and Development · Intellectual Property and Patents · Law · Public Administration
Global Health
Gender equality in science, medicine, and global health
Human Rights in the Trade and Sustainability Impact Assessment of the EU–Tunisia Free Trade Agreement
Lessons learned
The Human Right to Health
Universal access to essential medicines as part of the right to health
The Value of Mainstreaming Human Rights into Health Impact Assessment
Prioritising human rights principles in synthetic biology innovation and patenting
Globalization and Health
Trade and Human Rights
Human Rights Measurement
The United States-Dominican Republic-Central American Free Trade Agreement and Access to Medicines in Costa Rica
Human Rights Impact Assessment in Practice
Towards the Development of a Human Rights Impact Assessment for the Formulation and Evaluation of Public Health Policies
Assessing health impact assessment
| Unique citing works | 8 |
|---|---|
| Citations per year | 0.67 |
| Citation span | 2014 - 2026 (13) |
| Citation velocity | current |
| Highly cited | No |
| Citation types | Neutral: 8 |