An International Law Perspective on the Protection of Human Rights in the TRIPS Agreement : an Interpretation of the TRIPS Agreement in Relation to the Right to Health.

Abstract; Preface; Acknowledgement; Chapter 1 Introduction; I. The Issue; II. Approach to the Argument of this Book; III. Focus of this Book; IV. Scheme of this Book; Part One Preliminary; Chapter 2 The International Human Rights Context; I. The Right to Health in International Law; A. Wide Recognition; 1. International Recognition; 2. National Recognition; 3. Significance of the Recognition; B. Scope and Content of the Right to Health; 1. Scope; 2. Elements in Content; (a) Curative and Preventive Elements; (b) Underlying Preconditions; (c) Essential Elements.

3. Obligations of States(a) Legal Obligations; (i) To Respect; (ii) To Protect; (iii) To Fulfil; (b) International Obligations; (c) Core Obligations; 4. Summary; C. Public Health under the Right to Health; 1. The Right to Health Originates from Public Health; 2. The Right to Health Realises Public Health; 3. The Right to Health Depends on Public Health; 4. The Right to Health Limits other Rights under Public Health; II. The Right to Life in International Law -- Refusal of Access to Life-Saving Facilities; A. The Right to Life; 1. Scope of the Right to Life; 2. Content of the Right to Life.

B. Relationship between the Right to Life and the Right to HealthC. Summary; III. The Right to Property and the Right to Fruits of Creation; A. The Rights; 1. The Right to Property and Intellectual Property Rights; (a) The Right to Property; (b) Scope; (c) Content; (i) Peaceful Enjoyment; (ii) Interference with Property; (iii) Legality of Interference; (d) The Implication; (i) Compulsory Licensing Interference; (ii) Status of the Norm; 2. The Right to Fruits of Creation and Patent Rights; (a) UDHR and ICESCR; (b) Scope and Content; (c) Summary; B. Human Rights Approach to Patents.

1. History and Justification of Patent Protection(a) The Development of Patent Protection; (b) Justifications; 2. Connections between Human Rights and Patent; (a) Views; (b) Relationships between the Two Regimes; (i) Right to the Benefits of Scientific Progress and Patent; (ii) Balance with Other Human Rights; Chapter 3 Conflict or Coexistence between Human Rights Norms and TRIPS; I. TRIPS and the Right to Health; A. The History of TRIPS; B. Patent Protection in TRIPS and the Right to Health; 1. Intellectual Property Protection in TRIPS.

2. Pharmaceutical Patent Protection and the Right to Health(a) Article 27 (1) -- Non-discrimination; (b) Article 27(2) -- The Exclusion and Its Proviso; (c) Article 8(1) -- The Principles and The "Limitation"; II. Limitation and Derogation in the Regimes -- an Internal Mechanism; A. Limitation and Derogation in Human Rights; 1. Limitation; (a) Clauses; (b) Elements; (i) Principle of Legality; (ii) General Welfare in Democratic Society; (c) Grounds; (i) Public Order and Ordre Public; (ii) Morality and Public Morals; (iii) Public Health; 2. Derogation -- Public Emergency; 3. Application.

B. Use of Limitation and Derogation Language in TRIPS.

This book analyses the relationship between the TRIPS Agreement and the right to health and relevant human rights norms by using the tools of treaty interpretation of public international law.

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