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Addressing the Risks That Trade Secret Protections Pose for Health and Rights
Human rights frameworks afford everyone the right to health and the right to enjoy the benefits of scientific progress and its applications. Both come together to create state obligations to ensure access to medicines and other health technologies. Though the impact of patents on access to high-qual...
Autores principales: | , , , |
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Formato: | Online Artículo Texto |
Lenguaje: | English |
Publicado: |
Harvard University Press
2021
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Materias: | |
Acceso en línea: | https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8233014/ https://www.ncbi.nlm.nih.gov/pubmed/34194207 |
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author | Durkin, Allison Sta Maria, Patricia Anne Willmore, Brandon Kapczynski, Amy |
author_facet | Durkin, Allison Sta Maria, Patricia Anne Willmore, Brandon Kapczynski, Amy |
author_sort | Durkin, Allison |
collection | PubMed |
description | Human rights frameworks afford everyone the right to health and the right to enjoy the benefits of scientific progress and its applications. Both come together to create state obligations to ensure access to medicines and other health technologies. Though the impact of patents on access to high-quality, affordable medicines and health technologies has been well described, there has been little attention to the impact of trade secrecy law in this context. In this paper, we describe how trade secrecy protection comes into conflict with access to medicines—for example, by preventing researchers from accessing clinical trial data, undermining the scale-up of manufacturing in pandemics, and deterring whistleblowers from reporting industry misconduct. The paper proposes measures to diminish the conflict between trade secrecy and health that are consistent with international law and will advance health without undermining innovation. |
format | Online Article Text |
id | pubmed-8233014 |
institution | National Center for Biotechnology Information |
language | English |
publishDate | 2021 |
publisher | Harvard University Press |
record_format | MEDLINE/PubMed |
spelling | pubmed-82330142021-06-29 Addressing the Risks That Trade Secret Protections Pose for Health and Rights Durkin, Allison Sta Maria, Patricia Anne Willmore, Brandon Kapczynski, Amy Health Hum Rights Research-Article Human rights frameworks afford everyone the right to health and the right to enjoy the benefits of scientific progress and its applications. Both come together to create state obligations to ensure access to medicines and other health technologies. Though the impact of patents on access to high-quality, affordable medicines and health technologies has been well described, there has been little attention to the impact of trade secrecy law in this context. In this paper, we describe how trade secrecy protection comes into conflict with access to medicines—for example, by preventing researchers from accessing clinical trial data, undermining the scale-up of manufacturing in pandemics, and deterring whistleblowers from reporting industry misconduct. The paper proposes measures to diminish the conflict between trade secrecy and health that are consistent with international law and will advance health without undermining innovation. Harvard University Press 2021-06 /pmc/articles/PMC8233014/ /pubmed/34194207 Text en Copyright © 2021 Durkin, Sta Maria, Willmore, and Kapczynski. https://creativecommons.org/licenses/by-nc/4.0/This is an open access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/4.0/ (https://creativecommons.org/licenses/by-nc/4.0/) ), which permits unrestricted noncommercial use, distribution, and reproduction. |
spellingShingle | Research-Article Durkin, Allison Sta Maria, Patricia Anne Willmore, Brandon Kapczynski, Amy Addressing the Risks That Trade Secret Protections Pose for Health and Rights |
title | Addressing the Risks That Trade Secret Protections Pose for Health and Rights |
title_full | Addressing the Risks That Trade Secret Protections Pose for Health and Rights |
title_fullStr | Addressing the Risks That Trade Secret Protections Pose for Health and Rights |
title_full_unstemmed | Addressing the Risks That Trade Secret Protections Pose for Health and Rights |
title_short | Addressing the Risks That Trade Secret Protections Pose for Health and Rights |
title_sort | addressing the risks that trade secret protections pose for health and rights |
topic | Research-Article |
url | https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8233014/ https://www.ncbi.nlm.nih.gov/pubmed/34194207 |
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