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Access to Justice: Beyond the Policies and Politics of Austerity
by Ellie Palmer Tom Cornford Yseult Marique Audrey GuinchardBuilding on a series of ESRC funded seminars, this edited collection of expert papers by academics and practitioners is concerned with access to civil and administrative justice in constitutional democracies, where, for the past decade governments have reassessed their priorities for funding legal services: embracing 'new technologies' that reconfigure the delivery and very concept of legal services; cutting legal aid budgets; and introducing putative cost-cutting measures for the administration of courts, tribunals and established systems for the delivery of legal advice and assistance. Without underplaying the future potential of technological innovation, or the need for a fair and rational system for the prioritisation and funding of legal services, the book questions whether the absolutist approach to the dictates of austerity and the promise of new technologies that have driven the Coalition Government's policy, can be squared with obligations to protect the fundamental right of access to justice, in the unwritten constitution of the United Kingdom.
Access to Justice: A Critical Analysis of Recoverable Conditional Fees and No Win No Fee Funding
by J. PeysnerThis book addresses an experiment in funding money damage claims in England from 2000 to 2013. The model - recoverable conditional fees - was unique and has remained so. It covers the development, amendment and effective abolition of the model, as well as the process of policy development and the motivation and objectives of the policy makers.
Access to Justice
by Deborah L. Rhode"Equal Justice Under Law" is one of America's most proudly proclaimed and widely violated legal principles. But it comes nowhere close to describing the legal system in practice. Millions of Americans lack any access to justice, let alone equal access. Worse, the increasing centrality of law in American life and its growing complexity has made access to legal assistance critical for all citizens. Yet according to most estimates about four-fifths of the legal needs of the poor, and two- to three-fifths of the needs of middle-income individuals remain unmet. This book reveals the inequities of legal assistance in America, from the lack of access to educational services and health benefits to gross injustices in the criminal defense system. It proposes a specific agenda for change, offering tangible reforms for coordinating comprehensive systems for the delivery of legal services, maximizing individual's opportunities to represent themselves, and making effective legal services more affordable for all Americans who need them.
Access to Justice and Human Security: Cultural Contradictions in Rural South Africa (Cultural Diversity and Law)
by Sindiso Mnisi WeeksFor most people in rural South Africa, traditional justice mechanisms provide the only feasible means of accessing any form of justice. These mechanisms are popularly associated with restorative justice, reconciliation and harmony in rural communities. Yet, this ethnographic study grounded in the political economy of rural South Africa reveals how historical conditions and contemporary pressures have strained these mechanisms’ ability to deliver the high normative ideals with which they are notionally linked. In places such as Msinga access to justice is made especially precarious by the reality that human insecurity – a composite of physical, social and material insecurity – is high for both ordinary people and the authorities who staff local justice forums; cooperation is low between traditional justice mechanisms and the criminal and social justice mechanisms the state is meant to provide; and competition from purportedly more effective ‘twilight institutions’, like vigilante associations, is rife. Further contradictions are presented by profoundly gendered social relations premised on delicate social trust that is closely monitored by one’s community and enforced through self-help measures like witchcraft accusations in a context in which violence is, culturally and practically, a highly plausible strategy for dispute management. These contextual considerations compel us to ask what justice we can reasonably speak of access to in such an insecure context and what solutions are viable under such volatile human conditions? The book concludes with a vision for access to justice in rural South Africa that takes seriously ordinary people’s circumstances and traditional authorities’ lived experiences as documented in this detailed study. The author proposes a cooperative governance model that would maximise the resources and capacity of both traditional and state justice apparatus for delivering the legal and social justice – namely, peace and protection from violence as well as mitigation of poverty and destitution – that rural people genuinely need.
Access to Justice and Human Security: Cultural Contradictions in Rural South Africa (Cultural Diversity and Law)
by Sindiso Mnisi WeeksFor most people in rural South Africa, traditional justice mechanisms provide the only feasible means of accessing any form of justice. These mechanisms are popularly associated with restorative justice, reconciliation and harmony in rural communities. Yet, this ethnographic study grounded in the political economy of rural South Africa reveals how historical conditions and contemporary pressures have strained these mechanisms’ ability to deliver the high normative ideals with which they are notionally linked. In places such as Msinga access to justice is made especially precarious by the reality that human insecurity – a composite of physical, social and material insecurity – is high for both ordinary people and the authorities who staff local justice forums; cooperation is low between traditional justice mechanisms and the criminal and social justice mechanisms the state is meant to provide; and competition from purportedly more effective ‘twilight institutions’, like vigilante associations, is rife. Further contradictions are presented by profoundly gendered social relations premised on delicate social trust that is closely monitored by one’s community and enforced through self-help measures like witchcraft accusations in a context in which violence is, culturally and practically, a highly plausible strategy for dispute management. These contextual considerations compel us to ask what justice we can reasonably speak of access to in such an insecure context and what solutions are viable under such volatile human conditions? The book concludes with a vision for access to justice in rural South Africa that takes seriously ordinary people’s circumstances and traditional authorities’ lived experiences as documented in this detailed study. The author proposes a cooperative governance model that would maximise the resources and capacity of both traditional and state justice apparatus for delivering the legal and social justice – namely, peace and protection from violence as well as mitigation of poverty and destitution – that rural people genuinely need.
Access to Justice and Legal Aid: Comparative Perspectives on Unmet Legal Need (PDF)
by Asher Flynn Jacqueline HodgsonThis book considers how access to justice is affected by restrictions to legal aid budgets and increasingly prescriptive service guidelines. As common law jurisdictions, England and Wales and Australia, share similar ideals, policies and practices, but they differ in aspects of their legal and political culture, in the nature of the communities they serve and in their approaches to providing access to justice. These jurisdictions thus provide us with different perspectives on what constitutes justice and how we might seek to overcome the burgeoning crisis in unmet legal need. The book fills an important gap in existing scholarship as the first to bring together new empirical and theoretical knowledge examining different responses to legal aid crises both in the domestic and comparative contexts, across criminal, civil and family law. It achieves this by examining the broader social, political, legal, health and welfare impacts of legal aid cuts and prescriptive service guidelines. Across both jurisdictions, this work suggests that it is the most vulnerable groups who lose out in the way the law now operates in the twenty-first century. This book is essential reading for academics, students, practitioners and policymakers interested in criminal and civil justice, access to justice, the provision of legal assistance and legal aid. [Subject: Criminal Law, Public Law, Asylum Law, Refugee Law, Human Rights, Comparative Law]
Access to Justice and Legal Aid: Comparative Perspectives on Unmet Legal Need
by Asher Flynn Jacqueline HodgsonThis book considers how access to justice is affected by restrictions to legal aid budgets and increasingly prescriptive service guidelines. As common law jurisdictions, England and Wales and Australia, share similar ideals, policies and practices, but they differ in aspects of their legal and political culture, in the nature of the communities they serve and in their approaches to providing access to justice. These jurisdictions thus provide us with different perspectives on what constitutes justice and how we might seek to overcome the burgeoning crisis in unmet legal need. The book fills an important gap in existing scholarship as the first to bring together new empirical and theoretical knowledge examining different responses to legal aid crises both in the domestic and comparative contexts, across criminal, civil and family law. It achieves this by examining the broader social, political, legal, health and welfare impacts of legal aid cuts and prescriptive service guidelines. Across both jurisdictions, this work suggests that it is the most vulnerable groups who lose out in the way the law now operates in the twenty-first century. This book is essential reading for academics, students, practitioners and policymakers interested in criminal and civil justice, access to justice, the provision of legal assistance and legal aid.
Access To Justice And Legal Aid: Comparative Perspectives On Unmet Legal Need
by Asher Flynn Jacqueline HodgsonThis book considers how access to justice is affected by restrictions to legal aid budgets and increasingly prescriptive service guidelines. As common law jurisdictions, England and Wales and Australia, share similar ideals, policies and practices, but they differ in aspects of their legal and political culture, in the nature of the communities they serve and in their approaches to providing access to justice. These jurisdictions thus provide us with different perspectives on what constitutes justice and how we might seek to overcome the burgeoning crisis in unmet legal need. The book fills an important gap in existing scholarship as the first to bring together new empirical and theoretical knowledge examining different responses to legal aid crises both in the domestic and comparative contexts, across criminal, civil and family law. It achieves this by examining the broader social, political, legal, health and welfare impacts of legal aid cuts and prescriptive service guidelines. Across both jurisdictions, this work suggests that it is the most vulnerable groups who lose out in the way the law now operates in the twenty-first century. This book is essential reading for academics, students, practitioners and policymakers interested in criminal and civil justice, access to justice, the provision of legal assistance and legal aid.
Access to Justice, Digitalization and Vulnerability: Exploring Trust in Justice
by Naomi Creutzfeldt Arabella Kyprianides Ben Bradford Jonathan JacksonThe pandemic has significantly impacted people's engagement with the administrative justice system (AJS). As we navigate the post-pandemic era, the siloed landscape of tribunals, ombuds, advice services and NGOs face the challenge of maintaining trust in the justice system's fairness, efficacy and inclusivity. Examining the journeys individuals undertake to seek justice in housing and special educational needs and disabilities (SEND), this book sheds light on how these institutions adapted to remote service provision. Written by key names in the field, this important contribution uncovers valuable insights for digitalization efforts and offers concrete recommendations for improving pathways to justice.
Access to Justice, Digitalization and Vulnerability: Exploring Trust in Justice
by Naomi Creutzfeldt Arabella Kyprianides Ben Bradford Jonathan JacksonThe pandemic has significantly impacted people's engagement with the administrative justice system (AJS). As we navigate the post-pandemic era, the siloed landscape of tribunals, ombuds, advice services and NGOs face the challenge of maintaining trust in the justice system's fairness, efficacy and inclusivity. Examining the journeys individuals undertake to seek justice in housing and special educational needs and disabilities (SEND), this book sheds light on how these institutions adapted to remote service provision. Written by key names in the field, this important contribution uncovers valuable insights for digitalization efforts and offers concrete recommendations for improving pathways to justice.
Access to Justice for the Chinese Consumer: Handling Consumer Disputes in Contemporary China (Civil Justice Systems)
by Ling ZhouThis book offers a socio-legal exploration of localised consumer complaint processing and dispute resolution in the People's Republic of China – now the second largest consumer market in the world – and the experiences of both ordinary and 'professional' consumers.Drawing on detailed analysis of an impressive body of empirical data, this book highlights local Chinese understandings and practice styles of 'mediation', and identifies in popular consciousness a continuing sense of reliance on the government for securing consumer rights in China. These are not only important features of consumer dispute processing in themselves, but also help to to explain why no ombudsman system has emerged.This innovative book looks at the nature of China's distinctive dispute resolution and complaints system, issues within that system, and the experiences of consumers within it. The book illustrates the access to justice processes locally available to aggrieved consumers and provides a unique contribution to comparative consumer law studies in Asia and elsewhere.
Access to Justice for the Chinese Consumer: Handling Consumer Disputes in Contemporary China (Civil Justice Systems)
by Ling ZhouThis book offers a socio-legal exploration of localised consumer complaint processing and dispute resolution in the People's Republic of China – now the second largest consumer market in the world – and the experiences of both ordinary and 'professional' consumers.Drawing on detailed analysis of an impressive body of empirical data, this book highlights local Chinese understandings and practice styles of 'mediation', and identifies in popular consciousness a continuing sense of reliance on the government for securing consumer rights in China. These are not only important features of consumer dispute processing in themselves, but also help to to explain why no ombudsman system has emerged.This innovative book looks at the nature of China's distinctive dispute resolution and complaints system, issues within that system, and the experiences of consumers within it. The book illustrates the access to justice processes locally available to aggrieved consumers and provides a unique contribution to comparative consumer law studies in Asia and elsewhere.
Access to Justice for Vulnerable and Energy-Poor Consumers: Just Energy?
by Naomi Creutzfeldt Chris Gill Marine Cornelis Rachel McPhersonHow do ordinary people access justice? This book offers a novel socio-legal approach to access to justice, alternative dispute resolution, vulnerability and energy poverty. It poses an access to justice challenge and rethinks it through a lens that accommodates all affected people, especially those who are currently falling through the system. It raises broader questions about alternative dispute resolution, the need for reform to include more collective approaches, a stronger recognition of the needs of vulnerable people, and a stronger emphasis on delivering social justice. The authors use energy poverty as a site of vulnerability and examine the barriers to justice facing this excluded group. The book assembles the findings of an interdisciplinary research project studying access to justice and its barriers in the UK, Italy, France, Bulgaria and Spain (Catalonia). In-depth interviews with regulators, ombuds, energy companies, third-sector organisations and vulnerable people provide a rich dataset through which to understand the phenomenon. The book provides theoretical and empirical insights which shed new light on these issues and sets out new directions of inquiry for research, policy and practice. It will be of interest to researchers, students and policymakers working on access to justice, consumer vulnerability, energy poverty, and the complex intersection between these fields.The book includes contributions by Cosmo Graham (UK), Sarah Supino and Benedetta Voltaggio (Italy), Marine Cornelis (France), Anais Varo and Enric Bartlett (Catalonia) and Teodora Peneva (Bulgaria).
Access to Justice for Vulnerable and Energy-Poor Consumers: Just Energy?
by Naomi Creutzfeldt Chris Gill Marine Cornelis Rachel McPhersonHow do ordinary people access justice? This book offers a novel socio-legal approach to access to justice, alternative dispute resolution, vulnerability and energy poverty. It poses an access to justice challenge and rethinks it through a lens that accommodates all affected people, especially those who are currently falling through the system. It raises broader questions about alternative dispute resolution, the need for reform to include more collective approaches, a stronger recognition of the needs of vulnerable people, and a stronger emphasis on delivering social justice. The authors use energy poverty as a site of vulnerability and examine the barriers to justice facing this excluded group. The book assembles the findings of an interdisciplinary research project studying access to justice and its barriers in the UK, Italy, France, Bulgaria and Spain (Catalonia). In-depth interviews with regulators, ombuds, energy companies, third-sector organisations and vulnerable people provide a rich dataset through which to understand the phenomenon. The book provides theoretical and empirical insights which shed new light on these issues and sets out new directions of inquiry for research, policy and practice. It will be of interest to researchers, students and policymakers working on access to justice, consumer vulnerability, energy poverty, and the complex intersection between these fields.The book includes contributions by Cosmo Graham (UK), Sarah Supino and Benedetta Voltaggio (Italy), Marine Cornelis (France), Anais Varo and Enric Bartlett (Catalonia) and Teodora Peneva (Bulgaria).
Access to Justice in Arbitration: Concept, Context and Practice
by Leonardo De Oliveira Sara HouraniAccess to Justice in Arbitration Concept, Context and Practice Edited by Leonardo V P de Oliveira & Sara Hourani The exponential growth of arbitration beyond commercial and investment matters, reaching disputes that have traditionally been decided by courts – such as labour and employment, sports, and competition disputes, and those involving human rights violations – raises questions about the impact of this expansion on access to justice. This collection of essays by arbitral practitioners, academics, and arbitral institution officials presents, for the first time, an in-depth analysis of the role access to justice plays in arbitration. Overall, the book assesses how access to justice can be guaranteed in arbitration and, in particular, shows how access to justice works in various types of arbitration. The book and its contributions will be of immeasurable value in determining the practical application of such concerns as the following: when issues of access to justice can be raised in arbitral disputes and when violations of access to justice can be challenged; ramifications of arbitration clauses in contracts; ensuring fairness and efficiency arising from technological innovations applied to arbitration; legal framework applicable to online dispute resolution and blockchain-based arbitration, especially with regard to recognition and enforcement; and access to justice in arbitrations involving sexual harassment. The book concludes with three chapters on access to justice under the rules of arbitral institutions as revealed by studies of the World Intellectual Property Organisation, the Singapore International Arbitration Centre, and the International Centre for Settlement of Investment Disputes. Arbitration provides a final binding decision that can be challenged on very limited grounds; thus, with arbitration settling disputes that were originally a prerogative of the judiciary, securing fairness in such procedures is paramount to the survival of arbitration. For this reason, arbitration practitioners, institutions, and academics will appreciate this deeply-informed analysis and commentary on a crucial aspect of a highly significant and rapidly evolving area of practice.
Access to Justice in Magistrates' Courts: A Study of Defendant Marginalisation
by Lucy WelshThis book examines access to justice in summary criminal proceedings by considering the ability of defendants to play an active and effective role in the process.'Access to justice' refers not just to the availability of legally aided representation, but also to the ability of defendants to understand and effectively participate in summary criminal proceedings more generally. It remains a vital principle of justice that justice should not only be done, but should also be seen to be done by all participants in the process.The book is based on socio-legal research. The study is ethnographic, based on observation conducted in four magistrates' courts in South East England and interviews with both defence lawyers and Crown prosecutors.Setting out an argument that defendants have always been marginalised through particular features of magistrates' court proceedings (such as courtroom layout and patterns of behaviour among the professional workgroups in court), the political climate in relation to defendants and access to justice that has persisted since 2010 has further undermined the ability of defendants to play an active role in the process.Ultimately, this book argues that recent governments have demanded ever more efficiency and cost saving in criminal justice. In that context, principles that contribute to access to justice for defendants have been seriously undermined.
Access to Justice in Magistrates' Courts: A Study of Defendant Marginalisation
by Lucy WelshThis book examines access to justice in summary criminal proceedings by considering the ability of defendants to play an active and effective role in the process.'Access to justice' refers not just to the availability of legally aided representation, but also to the ability of defendants to understand and effectively participate in summary criminal proceedings more generally. It remains a vital principle of justice that justice should not only be done, but should also be seen to be done by all participants in the process.The book is based on socio-legal research. The study is ethnographic, based on observation conducted in four magistrates' courts in South East England and interviews with both defence lawyers and Crown prosecutors.Setting out an argument that defendants have always been marginalised through particular features of magistrates' court proceedings (such as courtroom layout and patterns of behaviour among the professional workgroups in court), the political climate in relation to defendants and access to justice that has persisted since 2010 has further undermined the ability of defendants to play an active role in the process.Ultimately, this book argues that recent governments have demanded ever more efficiency and cost saving in criminal justice. In that context, principles that contribute to access to justice for defendants have been seriously undermined.
Access to Justice in Rural Communities: Global Perspectives
by Daniel Newman and Faith GordonThis book offers insight on access to justice from rural areas in internationally comparable contexts to highlight the diversity of experiences within, and across rural areas globally.It looks at the fundamental questions for people's lives raised by the issue of access to justice as well as the rule of law. It highlights a range of social, geographic and cultural issues which impact the way rural communities experience the justice system throughout the world with chapters on Australia, Canada, England, Ireland, Kenya, Northern Ireland, South Africa, Syria, Turkey, the USA and Wales.Each chapter explores three questions: 1. How do people experience the institutions of justice in rural areas and how does this rural experience differ to an urban experience?2. What impact have changes in policy had on the justice system in rural areas, and have rural and urban areas been affected in different ways?3. What impact does the law have on people's lives in rural areas and what would rural communities like to be better understood about their experience of the justice system?By bringing in the voices and experiences of those who are often ignored or side-lined by justice systems, this book will set out an agenda for ensuring social justice in legal systems with a focus on protecting marginalised groups.
Access to Justice in Rural Communities: Global Perspectives
by Daniel Newman Faith GordonThis book offers insight on access to justice from rural areas in internationally comparable contexts to highlight the diversity of experiences within, and across rural areas globally.It looks at the fundamental questions for people's lives raised by the issue of access to justice as well as the rule of law. It highlights a range of social, geographic and cultural issues which impact the way rural communities experience the justice system throughout the world with chapters on Australia, Canada, England, Ireland, Kenya, Northern Ireland, South Africa, Syria, Turkey, the USA and Wales.Each chapter explores three questions: 1. How do people experience the institutions of justice in rural areas and how does this rural experience differ to an urban experience?2. What impact have changes in policy had on the justice system in rural areas, and have rural and urban areas been affected in different ways?3. What impact does the law have on people's lives in rural areas and what would rural communities like to be better understood about their experience of the justice system?By bringing in the voices and experiences of those who are often ignored or side-lined by justice systems, this book will set out an agenda for ensuring social justice in legal systems with a focus on protecting marginalised groups.
Access to Justice in Transnational B2C E-Commerce: A Multidimensional Analysis of Consumer Protection Mechanisms
by Sutatip YuthayotinThis book identifies institutional mechanisms that can be used to promote consumer confidence in direct online sales with businesses (B2C e-commerce). It argues that enhancing the access to justice in a multidimensional sense can potentially offer an effective means of boosting consumer confidence. It introduces a conceptual framework for a multidimensional approach to access to justice in the context of consumer protection, describing the various reasonable criteria needed to satisfy consumer demands in B2C e-commerce. The framework, which reflects all essential aspects of consumers’ expectations when they engage in online transactions, provides a benchmark for the evaluation of various consumer protection mechanisms. Based on an analysis of different mechanisms and using the framework’s criteria, the practice of private ordering, which does not rely on the creation of rules of law but rather on the use of technology as a solution, appears to offer a meaningful way to enhance access to justice in B2C e-commerce. However, though private ordering holds considerable potential, certain weaknesses still need to be eliminated. This book demonstrates how private ordering can be successfully implemented with the help of an intermediary, a neutral third party that plays an integral part in the collaborative task of facilitating various aspects of private ordering, thus helping to limit the risks of failure and ensuring a fairer market setting. In order to move forward, it argues that the state, with its wealth of material resources and incentive options, is the institution best suited to acting as an intermediary in facilitating private ordering. This promising proposal can improve consumer protection, which will in turn boost consumer confidence.
Access to Knowledge in Brazil: New Research on Intellectual Property, Innovation and Development (Access to Knowledge)
by Lea Shaver"Brazil is one of the world's most productive crucibles for new ideas and practices in innovation and collaboration. This meticulously researched book provides a sweeping tour of the issues arising form that leadership." Jonathan Zittrain - Professor, Harvard Law School"As policy makers around the world grapple with how to configure their intellectual property policies to promote innovation and economic growth, as well as public access to the fruits of intellectual labour, they would do themselves a huge favour by reading Lea Shaver's excellent book." Pam Samuelson, Professor Univeristy of California, Berkeley"This is essential reading for anyone who cares about one of the most important human rights issues of the century: access to knowledge." Madhavi Sunder, Professor of Law, University of California DavisThis volume features four chapters addressing the current issues facing intellectual property, innovation and development policy in Brazil. Each chapter is authored by legal scholars affiliated to the Fundação Getulio Vargas law schools in São Paulo and Rio de Janeiro. Each chapter examines a policy area that significantly impacts access to knowledge in Brazil. These include: exceptions and limitations to copyright, free software and open business models, patent reform and access to medicines, and open innovation in the biotechnology sector.
Access to Knowledge in Egypt: New Research on Intellectual Property, Innovation and Development (Access to Knowledge)
by Nagla Rizk and Lea Shaver Nagla Rizk Lea ShaverThis book is available as open access through the Bloomsbury Open Access programme and is available on www.bloomsburycollections.com."This book is an important contribution to recovering a nuanced, contextually aware view of access to knowledge and global knowledge governance" Yochaie Benkler, Harvard Law School"This is a 'must read' for scholars and practioners interested in economic devlopment, cultural production and access to knowledge" Susan Sell, George Washington UniversityThis volume features five chapters on current issues facing intellectual property, innovation and development policy from the Egyptian perspective. These include: information and communications technology for development, copyright and comparative business models in music, open source software, patent reform and access to medicines, and the role of the Egyptian government in promoting access to knowledge internationally and domestically. Together these chapters offer an overview of the challenges and opportunities facing efforts to promote access to knowledge. Combining both theoretical and empirical approaches, the work will be of interest to scholars and practitioners dealing with intellectual property and innovation property the world over.
Access to Knowledge in India: New Research on Intellectual Property, Innovation and Development (Access to Knowledge)
by Ramesh Subramanian Lea ShaverThis is the third volume in our Access to Knowledge series. India is a $1 trillion economy which nevertheless struggles with a very high poverty rate and very low access to knowledge for almost seventy percent of its population which lives in rural areas.This volume features four parts on current issues facing intellectual property, development policy (especially rural development policy) and associated innovation, from the Indian perspective. Each chapter is authored by scholars taking an interdisciplinary approach and affiliated to Indian or American universities and Indian think-tanks. Each examines a policy area that significantly impacts access to knowledge. These include information and communications technology for development; the Indian digital divide; networking rural areas; copyright and comparative business models in music; free and open source software; patent reform and access to medicines; the role of the Indian government in promoting access to knowledge internationally and domestically.
Access to Medicine in the Global Economy: International Agreements on Patents and Related Rights
by Cynthia HoAccess to medicine is a topic of widespread interest. However, some issues that impact such access are presently inadequately understood. In particular, international laws require most nations to provide patents on drugs, resulting in premium prices that limit access. In Access to Medicine in the Global Economy, Professor Cynthia Ho explains such laws and their impact for a diverse group of readers, from scholars and policy makers to students in a variety of disciplines. This book explains and interprets important international agreements, beginning with the landmark Agreement on Trade Related Aspects of Intellectual Property (TRIPS), but also including more recent free trade agreements and the pending Anti-Counterfeiting Trade Agreement (ACTA). Professor Ho addresses controversial topics, such as when a nation can provide a compulsory license, as well as whether a nation may suspend in-transit generic goods. The book also discusses how patent-like rights (such as "data exclusivity") prevent lower-cost generic medicines from entering into the marketplace and provides strategies for minimizing the harm of such rights. Clear explanations and diagrams, frequently asked questions, and case studies make these topics accessible to any reader. The case studies also provide a theory of patent perspectives that helps explain why access to medicine, though a universal goal, remains elusive in practice. The book aims to provide an important first step toward eventual workable solutions by promoting a better understanding of existing and future laws that impact access to medicine.
Access to Medicine Versus Test Data Exclusivity: Safeguarding Flexibilities Under International Law (Munich Studies on Innovation and Competition #4)
by Owais H. ShaikhThis book explores the concept of test data exclusivity protection for pharmaceuticals. Focusing on Art 39(3) of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) and relevant provisions in selected free trade agreements (FTA) and national laws, it combines normative, historical, comparative and economic analysis of test data exclusivity protection.At the heart of this book is the novel and original Index of Data Exclusivity and Access (IDEAS), which analyzes the effectiveness of test data exclusivity provisions in FTAs and national laws both on the strength of exclusivity as well as on access to medicine. IDEAS provides a framework for the assessment of current test data exclusivity protection standards on the basis of their proximity to Article 39(3) of the TRIPS Agreement, the scope of exclusivity and the flexibilities in FTAs, and subsequently in national laws. This book aims to broaden national and international policy makers’ grasp of the various nuances of test data exclusivity protection. Furthermore, it provides practical recommendations with regard to designing an appropriate legal system with a strong focus on promoting access to medicine for all.