稀缺性,财产权,不负责任:知识产权如何处理被忽视的热带疾病
1Faculty of Law, Stockholm University, Stockholm, Sweden.
概括
缺乏知识产权法创造了一个"负面的公共领域",阻碍了对被忽视的热带疾病 (NTDs) 治疗的获取. 这种制度虽然在理论上保留了责任,但并没有让任何人对造成的伤害负责.
科学领域:
- 法律研究 法律研究
- 卫生经济学 卫生经济学
- 知识产权法 知识产权法
背景情况:
- 知识产权 (IP) 权利,特别是基本药物的专利,是法律和经济的基础.
- 交易成本经济学为知识产权理解提供了信息.
- 被忽视的热带疾病 (NTDs) 由于获得和创新问题而陷入局.
研究的目的:
- 分析稀缺性在涉及NTD的IP经济法律框架中的作用.
- 检查知识产权体系中的法律不负责任如何运作.
- 引入"负面公共领域"的概念及其含义.
主要方法:
- 知识产权和财产权的法律经济分析.
- 关于法律不负责任的学术审查 (斯科特·维奇).
- "消极公共领域"的概念化.
主要成果:
- 由稀缺性驱动的知识产权体系创造了一个"负面的公共领域",其中对损害的问责制是逃避的.
- 缺乏负担得起的治疗方法和不足的创新激励是关键的损害.
- 责任在形式上被保留,但变得无效,使得受NTD影响的人口没有可诉.
结论:
- 知识产权体系的结构受到稀缺因素的影响,导致一个矛盾的情况,损害是显而易见的,但没有问责制.
- "负面公共领域"强调了这种法律和经济安排的现实世界后果.
- 需要进一步批评,以解决与NTD相关问题的知识产权框架内问责制的无效性.
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