Winning and losing pairings in access to medicines

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Drahos, Peter

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Edward Elgar

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Drawing on the last four decades of conflicts over access to medicines and intellectual property the paper identifies a pattern in which there are losing and winning pairings of norms and networks. In short form the pairings are as follows: (i) Principles > Rules, (ii) Rule Complexity > Principles, (Iii) Private Rule Complexity > Public Rule Complexity, (iv) Targeted Public Informal Networks > Private Rule Complexity, (v) The Private-Public Monopoly Network > Public Health Network. The pairings and their outcomes are derived from experience and represent what can be thought of as probabilistic outcomes. The paper concludes with a discussion of whether smart public health regulation of pharmaceutical monopoly capital is possible.

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Improving Intellectual Property: A Global Project

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