This course will cover the interface between the intellectual property rights, international trade and public health, focusing in particular on the WTO TRIPS Agreement and subsequent agreements. It will provide an introduction to the law and economics relating to this subject, and cover the provisions of the TRIPS Agreement relevant to public health, including disputes settled in the WTO, such as the India mailbox and the Canada regulatory exception cases. It will examine the background, content and implications of the Doha Declaration on the TRIPS Agreement and Public Health and of the subsequent decisions at the WTO implementing compulsory licenses for exports. It will also discuss the relevance of bilateral or regional free trade area agreements to the subject.
The course would study relevant national/regional implementing legislation, for example on compulsory licenses, and discuss use of the WTO export compulsory license provisions, namely the Rwanda-Canada case. Students will be asked to participate in class presentations and/or group exercises on the topics covered, for example on a hypothetical case study of exports, taking up the role of advisors based in either the importing country or the exporting country.
Finally, the course will also cover recent work on trade, intellectual property and public health in other intergovernmental organizations, in particular in the World Health Organization.