Brook K. BakerProfessor of Law
Harvard University, AB 1969
Northeastern University, JD 1976
Mail: 416 Huntington Avenue
Boston, MA 02115
Tel: (617) 373-3217
Fax: (617) 373-5056
Professor Baker teaches a Global HIV/AIDS Policy seminar, disability discrimination law, negotiations and an analytical skills workshop. His recent scholarship has focused intellectual property and access to medicines and intensifying the legal, economic and policy response to the global HIV/AIDS pandemics. He has taught and consulted in South African law schools and law school clinics since 1997. Professor Baker is an honorary research fellow at the University of KwaZulu Natal in Durban, South Africa.
Professor Baker is a senior 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, access to medicines and medicines regulatory policy, including with the African Union, NEPAD, Uganda, ASEAN, Thailand, Indonesia, Venezuela, CARICOM, 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 board member to UNITAID, which acts to improve market dynamics and early market entry of medicines and diagnostics needed to address HIV/AIDS, TB, Hepatitis C and malaria. In January 2015, Professor Baker joined the Technical Working Group of the Equitable Access Initiative (EAI), which seeks to develop a new framework to classify countries by key components of equitable access to health, including components in addition to GDP or GNI.
Professor Baker also 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. 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
- Human Rights
- International Intellectual Property
- International Trade
- Medical Issues
- “ISDS, Intellectual Property Rights and Public Health,” in Rethinking Bilateral Investment Treaties: Critical Issues and Policy Choices, ed. K. Singh et al. (Both ENDS, 2016) (co-author).
- “Trans-Pacific Partnership Provisions in Intellectual Property, Transparency, and Investment Chapters Threaten Access to Medicines in the US and Elsewhere,” PLoS Medicine (March 2016).
- “Corporate Power Unbound: Investor-State Arbitration of IP Monopolies on Medicines – Eli Lilly v. Canada and the Trans-Pacific Partnership Agreement,” 23 Journal of Intellectual Property Law 1 (2015) (co-author).
- “International Collaboration on IP and Access to Medicines: The Birth of the S. Africa Fix the Patents Law Campaign,” 60 New York Law School Review 297 (2015-2016).
- “TPP = Transnational Pharmaceutical Profiteering: Big Pharma’s Monopolies Strengthen and Multiply in Trans Pacific Partnership Trade Agreements,” 303 Third World Resurgence 24 (2015).
- “Evolving Human Rights and the Science of Antiretroviral Medicine,” 11 Health and Human Rights Journal 76 (2015) (co-authored).
- “Will the Modi government succumb to US and industry pressure to modify its pro-access pharmaceutical patent policy?” 25 Expert Opinon on Theraputic Patents 625 (2015).
- “Justifying India’s Patent Position to the United States International Trade Commission and Office of the United States Trade Representative,” Indian Intellectual Property Law Journal (2015) (co-author).
- “Treating More for Less? A Discussion Paper Exploring the Patent Status, Registration and Price of Select HIV Medicines in Eastern Europe and Central Asia,” United Nations Developement Program (UNDP) (commissioned 2014) (co-author).
- Comment: “Governance and Transparency at PEPFAR,” 2 Lancet Global Health e13-14 (2014) (co-author).
- “Threat of Pharmaceutical-Related IP Investment Rights in the TPP: An Eli Lilly v. Canada Case Study,” 4 Investment Treaty News 8 (2013).
- “Empowering patients and strengthening communities for real health workforce and funding targets,” 91 WHO Bulletin Roundtable Paper 889 (2013).
- “Corporate Power Unbound: Investor-State Arbitration of IP Monopolies on Medicines – Eli Lilly and the TPP,” PIPIJ Research Paper Series, Paper 36 (2013).
- “Achieving Social Justice in the Intellectual Property Debate: Realising the Goal of Access to Medicines,” 13 Africa Human Rights Law Journal 57 (2013) (co-author).
- “Public Interest Analysis of US TPP Proposal for an IP Chapter,” 28 American University International Law Review 105 (2013) (co-author; principal author Part III).
- “Settlement of India/EU WTO Dispute re Seizures of In-Transit Medicines: Why the Proposed EU Border Regulation Isn't Good Enough,” PIJIP Research Paper Series. American University Washington College of Law (2012) (co-author).
- “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,” UNDP/UNAIDS Global Commission on HIV and the Law (June 2011) (co-author).
- “Efficiencies in AIDS Programming: The Rhetoric and the Realities,” 58 JAIDS 228 (2011) (co-author).
- “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,” UNDP/UNAIDS Global Commission on HIV and the Law (Sept. 2010) (co-author).
- “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,” 7 Current HIV/AIDS Reports 161 (2010) (co-author).
- “Using Global Health Initiatives to Strengthen Health Systems: A Civil Society Perspective,” 6 Global Public Health 687 (2010) (co-author).
- “Viewpoint – The Danger of Drug Donations (In-Kind Contributions) to the Global Fund – Adverse Market and Therapeutic Effects,” 373 Lancet 1218 (2009) (co-author).
- “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?” 4 Globalization & Health 6 (2008) (co-author).
- “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,” in The Power of Pills: Social, Ethical and Legal Issues in Drug Development, Marketing and Pricing, ed. C. Cohen et. al (Pluto Press, 2006).
- “Debunking IP-for-Development: Africa Needs IP Space Not IP Shackles,” inInternational Economic Law and African Development, ed. L. Boulle et. al (Siber Ink 2004).
- "Eli Lilly's ISDS Patent Claim against Canada Defeated," Madhyam (April 6, 2017)
- “Risky Medicine: Why FDI in India’s Generic Drugs Industry Could be a Bad Idea,” The Wire (July 20, 2016).
- “Northeastern Researchers Examine the Zika Pandemic,” news@Northeastern (April 11, 2016).
- “LDCs Be Damned: USTR and Big Pharma seeks to eviscerate Least Developed Countries’ Insulation From Pharmaceutical Monopolies,” infojustice.org (October 12, 2015).
- “Will the U.S. Create Barriers to LDCs’ Future Access to Medicines?” infojustice.org (September 7, 2015).
- “Special 301 Annual Swat at India's IP Polices,” Express Pharma (June 1, 2015).
- “Interview: Brook Baker on Intellectual Property Rights, Free Trade, and Access to Medicines,” Health and Human Rights Journal (March 19, 2015).
- “Opinion: Prof Brook K Baker on the Impact of US Pressure to Change India’s IP laws,” Express Pharma (January 30, 2015).
- “The Cynical Connectedness of Gilead's Hepatitis C Pricing and Anti-Diversion Policies,” TheBodyPRO.com (January 16, 2015).
- “The Dangers of the Indian Government’s Flirtation with U.S. Pharma and the Risks for India’s Coherent, Pro-Public Health IP Policy,” Equilibri (October 5, 2014).
- “USTR Faults Ukraine For Harmful IPR Practices, But Delays Action Over Crisis,” Inside U.S. Trade (March 13, 2014).
- “Maker Of $1,000 Hepatitis C Pill Looks To Cut Its Cost Overseas,” Health News from NPR (February 7, 2014).
- “South African Patients Need our Solidarity,” Delhi Science Forum, (January 24, 2014).
- “J&J Patent Move is Inadequate,” Pharmalot (November 30, 2012).
- “Intellectual Property Policy Incoherence at the African Union Threatens Access to Medicines - Proposed Pan-African IP Organization a Terrible Idea,” infojustice.org (September 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,” infojustice.org (July 13, 2012).
- “USPTO Official Misleads Congress on Permissible Scope of Compulsory Licenses to Increase Access to Medicines,” infojustice.org (June 28, 2012).
- “PhRMA's Sham Charm Campaign on TPP Access Window,” infojustice.org (May 7, 2012).
- “Bayer Appeals Indian Compulsory License for Nexar,” infojustice.org (May 6, 2012).
- “Drugs and Duplicity," Frontline (May 4, 2012).
- “Debating the World Bank Report on Fiscal Restraints: A Return to the’90s?”Global Health Check (March 28, 2012).
- “Why Global Health Activists are Fired Up about Novartis,” Science Speaks: HIV & TB News (February 27, 2012).
- “The Spice Trade of Antiquity and Contemporary Medicine Trade Appear to Share Much in Common,” Caraphina & Company (February 16, 2012) (co-author).
- “Science Soars – PEPFAR Budget Plummets,” HealthGap (February 14, 2012).
- “Big Pharma, and their US and EU Surrogates Throw a Triple Punch at Indian Generics,”Third World Network (February 10, 2012).