Cardozo Journal of International and Comparative Law
Abstract
The note proposes a mathematical approach to benefit-detriment analysis as a solution to the challenges posed by compulsory licensing of pharmaceuticals under the TRIPS Agreement. The core argument is that a socio-economic framework, comparing the monetary detriment to pharmaceutical companies (D) with the aggregate societal benefit (H x C), where H is the average health benefit per person and C is the number of affected citizens, can provide a balanced and objective method to determine when compulsory licenses should be granted. This approach aims to address the "Paragraph 6 problem" and improve access to essential medicines in developing countries while respecting patent rights.
Disciplines
Food and Drug Law | Intellectual Property Law | International Trade Law | Law
Recommended Citation
Vishal Gupta,
A Mathematical Approach to Benefit-Detriment Analysis as a Solution to Compulsory Licensing of Pharmaceuticals under the TRIPS Agreement,
13
Cardozo J. Int'l & Comp. L.
631
(2005).
Available at:
https://larc.cardozo.yu.edu/cjicl/vol13/iss2/8
Included in
Food and Drug Law Commons, Intellectual Property Law Commons, International Trade Law Commons