- Setting the international legal framework on the right to health - Exploring the synergies between the SDG No. 3 and the h.r. obligations incumbent upon States - Examining the TRIPS Agreement in the light of the Doha Declaration - Assessing whether and if the two set of norms (TRIPS and h.r. law) are in conflict
- Understanding, on the one hand, the content and the scope of the right to health under h.r. law and, on the other hand, the rationale and function of patent protection under the TRIPS - Evaluating critically the solutions aimed at solving and/or preventing normative conflict in public international law - Developing an in-depth insight into the new challenges on access to medicines (how to rethink the financing of R&D; what are the policy avenues that promote the access to health technologies; etc.)
The course is structured in two modules: Module 1: "Access to the Medicines: the Global Debate and Proposed Solutions" The first module aims at evaluating: (i) whether and under what circumstances the right to access to medicines is impaired by a strict patent regulation; (ii) how to accommodate human rights considerations within the WTO standard for patent protection; (iii) how to make use of the TRIPS built-in flexibilities to effectively promote the access to medicines. Module 2: "The Global Tobacco Epidemic. How to reconcile Public Interest Considerations with Intellectual Property and International Investment Law"
Informazioni sul programma
The course purports to offer an advanced analysis of the interplay between human right law and the rules on intellectual property rights envisioned in both the WTO TRIPS Agreement and in the Investment Agreements related Chapters. The aim is to assess whether and to what extent IP standard of protection enshrined in the TRIPS Agreement and in Investment Agreements impinges on the right to health.
According to didatic regulation of the Course of Law
Prerequisiti e modalità di esame
Students are evaluated through interim written exams taken at the end of the two modules.
Class attendance is mandatory (75% of the total classes). A sound knowledge of international law is highly recommended.
Materiale didattico e bibliografia
The syllabus available on-line (ARIEL platform) contains a list of reading materials (both mandatory and suggested).