Professor Baker teaches a Global AIDS Policy seminar, disability law, and negotiations. His scholarship originally focused on theories of practice-based learning, but more recently has turned to intellectual property and access to medicines and intensifying the legal, economic and policy response to the global AIDS pandemics. He has taught and consulted in South African law schools and law school clinics since 1997, particularly concerning legal skills, multiculturalism, human rights, and more recently HIV/AIDS and access to medicines. Professor Baker is an honorary research fellow at the University of KwaZulu Natal in Durban, South Africa.
Professor Baker is a policy analyst for Health GAP (Global Access Project) and is actively engaged in campaigns for universal access to treatment, prevention, and care for people living with HIV/AIDS, especially expanded and improved medical treatment. He has written and consulted extensively on intellectual property rights, trade, and access to medicines, including with the African Union, ASEAN, Venezuela, CARICOM, Thailand, UK DfID, the World Health Organization, the Millennium Development Goals Project, the Global Fund to Fight AIDS, Tuberculosis and Malaria, Open Society Institute, UNDP, UNITAID, the Medicines Patent Pool, the Global Commission on HIV and the Law, and others. He also serves as an NGOs delegation alternate board member for UNITAID, which was established in 2006 by the governments of Brazil, Chile, France, Norway and the United Kingdom to improve market dynamics and early market entry for medicines and diagnostics needed to address HIV/AIDS, TB, and malaria. Today, it is backed by an expanding “North-South” membership, including Cyprus, Korea, Luxembourg, Spain and the Bill & Melinda Gates Foundation alongside Cameroon, Congo, Guinea, Madagascar, Mali, Mauritius and Niger. Civil society groups also help govern UNITAID, giving a voice to non-governmental organizations and communities living with HIV, malaria and tuberculosis.
He works on policy issues concerning the Global Fund and the US PEPFAR Program, and how those priority disease initiatives might contribute more broadly to improving health care delivery in developing countries. Similarly, he works on issues involving human resources for health and health system strengthening and is a member of the steering committee of the Health Workforce Advocacy Initiative of the Global Health Workforce Alliance. Finally, he analyzes resource needs for global health, innovative financing mechanisms, and IMF macroeconomic policies that restrict increased government and donor spending on health and education in developing countries.
Fields of Expertise
- Alternative Dispute Resolution
- Clinical Legal Education
- Cooperative Legal Education
- Health Law
- Intellectual Property
- Medical Issues
"Public Interest Analysis of US TPP Proposal for an IP Chapter," (with Flynn et. al) Am. Int'l L. Rev. (forthcoming 2013)
"Settlement of India/EU WTO Dispute re Seizures of In-Transit Medicines: Why the Proposed EU Border Regulation Isn't Good Enough," (with Avafia) PIJIP Research Paper Series (2012)
"Practice-Based Learning: Emphasizing Practice and Offering Critical Perspectives on the Dangers of 'Co-Op'tation," 56 New York Law School Law Review 619 (2011-2012).
"The Evolution of IPRs from Humble Beginnings to the Modern Day TRIPS-plus Era: Implications for Treatment Access," (with Avafia) UNDP/UNAIDS Global Commission on HIV and the Law (June 2011)
"Efficiencies in AIDS Programming: The Rhetoric and the Realities,” (with Cohn and Holtzman) 58 JAIDS 228 (2011)
“ACTA: Risks of Third-Party Enforcement to Access to Medicines,” 26 American University International Law Review 579 (2011)
"Background Paper: Laws and Practices that Facilitate or Impede HIV-Related Treatment Access," (with Avafia) UNDP/UNAIDS Global Commission on HIV and the Law (Sept. 2010)
“The Impact of the International Monetary Fund’s Macroeconomic Policies on the AIDS Pandemic,” 40 International Journal of Health Services 347 (2010)
“Obstacles and Opportunities to Improve Antiretroviral Regimen Access in Low-Income Countries,” (with Cohn) 7 Current HIV/AIDS Reports 161 (2010)
“Using Global Health Initiatives to Strengthen Health Systems: A Civil Society Perspective,” (Cohn et. al) Global Public Health 1 (2010)
“Viewpoint – The Danger of Drug Donations (In-Kind Contributions) To the Global Fund – Adverse Market and Therapeutic Effects” (with Ombaka), 373 Lancet 1218 (2009)
“Ending Drug Registration Apartheid – Taming Data Exclusivity and Patent/Registration Linkage,” 34 American Journal of Law & Medicine 303 (2008)
“The ‘Diagonal’ Approach to Global Fund Financing: A Cure for the Broader Malaise of Health Systems?” (with Ooms, Van Damme, Zeitz, and Schrecker), 4 Globalization & Health 6 (2008)
“Drug Registration Barriers and Logjams,” in Missing the Target #5: Improving AIDS Drug Access and Advancing Health Care for All, 49 ITPC (Dec. 2007)
“Price-Cut Handcuffs: Thailand Must Stand Up to Merck’s Counteroffensive and Fully Implement Its Compulsory License on Efavirenz,” 196 Third World Resurgence (Dec. 2006)
“Pills Without Providers: Where are the Health Workers?” 15 ACRIA Update 4 (2006)
“Arthritic Flexibilities for Accessing Medicines, Analysis of WTO Action Regarding Paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health,” 14 Indiana International & Comparative Law Review 613 (May 2004)
"Processes and Issues for Improving Access to Medicines: Willingness and Ability to Utilize TRIPS Flexibilities in Non-Producing Countries," United Kingdom Department for International Development, Health Systems Resource Centre, (September 2004)
“Working Paper: Analysis and Response to Recent WTO Action Regarding TRIPS Agreement and Public Health,” United Nations Millennium Development Goals Project, Task Force 5: Infectious Diseases and Access to Essential Medicines (Dec. 2003)
“Teaching Legal Skills in South Africa: A Transition from Cross-Cultural Collaboration to International HIV/AIDS Solidarity,” 9 Journal of Legal Writing Instruction 145 (2003)
"Placing Access to Essential Medicine on the Human Rights Agenda," The Power of Pills (2006) (Cohen et. al, eds.)
J&J Patent Move is Inadequate,
OpEd Pharmalot (Nov. 30, 2012)
Intellectual
Property Policy Incoherence at the African Union Threatens Access to
Medicines - Proposed Pan-African IP Organization a
Terrible Idea (Sept. 26, 2012)
Proposed HIV Medicines Alliance - Promise or Peril,
2 The Market Share 4 (July 17, 2012)
Treating
People Right Means Taking the IP Yoke off Our Back: A Ten-Point Plan
to Ensure Access to New and Improved AIDS Medicines
(July 13, 2012)
USPTO Official Misleads Congress on Permissible Scope of Compulsory Licenses to Increase Access to Medicines
(June 28, 2012)
PhRMA's Sham Charm Campaign on TPP Access Window
(May 7, 2012)
Bayer Appeals Indian Compulsory License for Nexar
(May 6, 2012)
Drugs and Duplicity, 29:8 Frontline 28-29
(May 4, 2012)
Debating the World Bank Report on Fiscal Restraints: A Return to the 90’s (March 28, 2012)
Why global health activists are fired up about Novartis,
Science Speaks: HIV & TB News (Feb. 27, 2012)
The spice trade of antiquity and contemporary medicine trade appear to share much in common (with Carpinha) (Feb. 16, 2012)
Science Soars – PEPFAR Budget Plummets (Feb.
14, 2012)
Big Pharma, and their US and EU Surrogates Throw a Triple Punch at Indian Generics
(Feb. 10, 2012)