Could Compulsory Licensing be a Solution to the Emerging Issues in Health and Human Rights?

The main problem of pandemic diseases as HIV/AIDS, tuberculosis, malaria and so on specially in Sub – Saharan Africa is to get them under control. The principal objective of this project is to study how compulsory licenses can be an useful instrument to govern the diffusion of dangerous diseases.

This project investigates to the compulsory license as a solution in emerging issues in health and human right needs to bridge different fields and represents a broad range of disciplines using very different tools and strategies to achieve it. The placement of this issue illustrates methodologies and instruments used in the research for investigating the main problems relating to public health difficulties in developing countries.
The most important of them is the question of fair access to essential drugs is a legal challenge with ethical and moral aspects. On this topic the work focuses on governmental policies, with the subscription of international treaties such as TRIPS, and solidarity duties regarding most people who can not pay for their steady care.
On the other hand, the battle against pandemic illness engages a permanent effort to contrast the spread of infection every day for each patient. He or she needs drugs, but also needs attention, skilled staff, a hygienic environment to be recovered if it is necessary. Not ever this is possible in many areas of developing countries.
Moreover, fighting pandemic illnesses requires education, cultural improvement, social attention, fighting corruption, and other challenges. All those things are very difficult to get in a state in social disorder because of the plague that leaves millions of orphans, ready to became prey to delinquency, prostitution, youth armies and other risks. In this framework it will be investigated whether compulsory licensing, according to art. 30, 31, and 31 bis of TRIPS is an effective solution to approach this matter.
To pursue investigating this topic research instruments are economic analysis of law to observe if the current layout constitutes a market failure or not, statistic sciences to verify the diffusion of the plagues, but above all, the human rights doctrine and international public law tools will be used to examine whether it is possible to balance international duties with the right to existence for developing countries.

Projektkategorie: Dissertation

Projektstatus: laufend

Betreuer: Jaeger, T.

Projektmitarbeiter: Dr. Falletti, E.

Organisatorischer Status: Einzelprojekt

Geographische Ordnung: Europa