Abstract

It is commonly contended that international legal regime aims at promoting equality between states and helping underdeveloped states develop. Amongst the methods that have been argued to promote economic development is increased patent protection. Proponents of the patent regime argue that increased protection will increase foreign direct investment in different sectors of developing countries, such as the pharmaceutical industry, as well as allow for the spread of technology and known how. However, as the thesis will show this has not been the case. The thesis will demonstrate how the current international legal regime has a Eurocentric bias that works to the benefit developed and against developing states. Therefore, perpetuating a cycle of underdevelopment, poverty and inequality, within developing states. Specifically, this argument is made through an analysis of the patent regime and its effects on access to pharmaceuticals, which demonstrates how increased patent protection, especially under the Trade Related Aspects of Intellectual Property Rights Treaty, has resulted in the is lack of access to medicine in developing countries. Consequently, people in underdeveloped countries remain sick, unproductive, and experience high mortality rates from curable diseases, which directly affects the economic development of those developing states.

Department

Law Department

Degree Name

LLM in International and Comparative Law

Graduation Date

2-1-2017

Online Submission Date

January 2017

First Advisor

Natarajan, Usha

Committee Member 1

Beckett, Jason

Committee Member 2

Sayed, Hani

Document Type

Master's Thesis

Extent

63 p.

Rights

The author retains all rights with regard to copyright. The author certifies that written permission from the owner(s) of third-party copyrighted matter included in the thesis, dissertation, paper, or record of study has been obtained. The author further certifies that IRB approval has been obtained for this thesis, or that IRB approval is not necessary for this thesis. Insofar as this thesis, dissertation, paper, or record of study is an educational record as defined in the Family Educational Rights and Privacy Act (FERPA) (20 USC 1232g), the author has granted consent to disclosure of it to anyone who requests a copy.

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Approval has been obtained for this item

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