Full Description
In this thought-provoking analysis, the author takes three examples of emerging markets (Brazil, India, and Nigeria) and tells their stories of pharmaceutical patent law-making.
Adopting historiographical and socio-legal approaches, focus is drawn to the role of history, social networks and how relationships between a variety of actors shape the framing of, and subsequently the responses to, national implementation of international patent law. In doing so, the book reveals why the experience of Nigeria - a country active in opposing the inclusion of IP to the WTO framework during the Uruguay Rounds - is so different from that of Brazil and India.
This book makes an original and useful contribution to the further understanding of how both states and non-state actors conceptualise, establish and interpret pharmaceutical patents law, and its domestic implications on medicines access, public health and development. Patent Games in the Global South was awarded the 2018 SIEL-Hart Prize in International Economic Law.
Contents
1. General Overview
I. Introduction
II. Terminology
III. Why Brazil and India?
IV. Book Outline
2. Understanding Patents
I. Introduction
II. The National Phase
III. The Multilateral Phase - The Paris Convention
IV. The Global Phase - TRIPS Agreement
V. Conclusion
3. Views from the South: Critical Approaches to the Global Patent Regime
I. Introduction
Part I: TWAIL Theory
II. Understanding TWAIL
III. Situating TWAIL within the Global Patent Regime
IV. Reading TRIPS Text through Twailian Lens
V. Mind the Gap: On Limitations of TWAIL
Part II: Nodal Governance
VI. Understanding Nodal Governance
VII. Nodal Governance and the Pharmaceutical Patent Regime
VIII. Application of Nodal Governance to this Study
IX. Conclusion
4. Brazil - The Juridical State
I. Introduction
II. Historical Evolution of the Patent Regime in Brazil
III. Unpacking the Industrial Property Law of Brazil
IV. The Constitutional Right to Health
V. Resistance from Below: Social Movement and Patent Law
VI. Engaging with the World: Towards Development
VII. Conclusion
5. India: From Little Acorns to Mighty Oaks
I. Introduction
II. Historical Evolution of Patent Law in India
III. Development and Competing Interests
IV. Indian Patents (Amendment) Act of 2005: Unpacking Key Issues
V. Medicine Access and the Nation-State as Site of Global Struggles
VI. Conclusion
6. Nigeria: Disconnects, Discontinuities and the Spectacle of Reform
I. Introduction
II. Historical Evolution of the Patent Regime in Nigeria
III. Unpacking the Patents and Designs Act of 1990
IV. State Regulatory Agencies and Patent Regime
V. Patent Law-making and Nigerian Pharmaceutical Manufacturing Sector
VI. Conclusion
7. General Conclusions
I. Appraising the Discussion
II. What is the Way Forward for Nigeria?
