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Vol 25 No 1 Jan/Feb 2020

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Patent Games in the Global South: Pharmaceutical Patent Law Making in Brazil, India and Nigeria


ISBN13: 9781509927395
To be Published: February 2020
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £65.00



This thought-provoking analysis of pharmaceutical patent law in Brazil, India and Nigeria provides an account of how certain developing countries seek to work around the imposition of strict IP laws under the auspices of the TRIPS Agreement and WTO. This monograph explores why the experience of Nigeria - a country active in opposing the inclusion of IP under the WTO framework - is so different from that of the experiences of Brazil and India.

Focus is drawn to the ways in which the role of social networks and relationships between a variety of actors alter the framing, and subsequently, the responses to the national implementation of the international IP regime. In the process, the monograph offers a timely contribution to the further understanding of the everyday life of international framework for the protection of IP rights, and its domestic implications on medicines access and public health.

This book was awarded the 2018 SIEL-Hart Prize in International Economic Law.

Subjects:
Intellectual Property Law, Medical 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?

Series: Studies in International Trade and Investment Law

The China-Australia Free Trade Agreement: A 21st-Century Model ISBN 9781509915385
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Hart Publishing
£90.00
The China-Australia Free Trade Agreement: A 21st-Century Model (eBook) ISBN 9781509915408
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Hart Publishing
£81.00 + £16.20 VAT
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