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KMID : 0365220140510020091
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Korean Journal of Public Health
2014 Volume.51 No. 2 p.91 ~ p.103
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An Exploratory Study on the Right of Medicine Accessibility : Focused on Intellectual Property
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Son Kyung-Bok
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Abstract
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The purpose of this paper is to review the concept of the medicine accessibility based on human rights and the right to health, and to explore arguing points on the rights of medicine accessibility focused on intellectual property. To draw arguing points, we disintegrated medicine policy into overall intellectual policy, market access policy, pricing policy, and distribution and management policy. Also we presented the current state and issues of intellectual property in each policy area. Considering the current policy and system, physical accessibility and affordability are crucial components in the right of medicine accessibility. The former is related with overall intellectual policy, market access policy, and distribution and management policy such as patent linkage, data exclusivity, compulsory license, and parallel import. The latter is related with pricing policy and its issues are associated with intellectual property, innovation, and reward. To conclude, the arguing points on the right of medicine accessibility are harmonization of public right and private right and globalization.
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KEYWORD
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medicine accessibility, right to health, intellectual property
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