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Nil: The Value Of Patents In A Major Crisis Such As An Influenza Pandemic, Dennis D. Crouch
Nil: The Value Of Patents In A Major Crisis Such As An Influenza Pandemic, Dennis D. Crouch
Faculty Publications
This essay focuses on the role of patents in relation to a potential global crisis such as an influenza pandemic or other public health crisis. I argue that patent rights will be largely ignored during an epidemic and that any post-crisis compensation would likely be low when compared to traditional patent rewards or settlements entered under threat of injunctive relief. In some situations, such as use of a patented invention by a state or local government, a patentee may have no recourse. Part III of the essay raises a separate issue that stems from the relatively long time frame for …
Participation And The Right To Health: Lessons From Indonesia, Sam F. Halabi
Participation And The Right To Health: Lessons From Indonesia, Sam F. Halabi
Faculty Publications
The right to participation is the “the right of rights” — the basic right of people to have a say in how decisions that affect their lives are made. All legally binding international human rights treaties explicitly recognize the essential role of participation in realizing fundamental human rights. While the substance of the human right to health has been extensively developed, the right to participation as one of its components has remained largely unexplored. Should rights-based health advocacy focus on participation because there is a relationship between an individual’s or a community’s active involvement in health care decision-making and the …