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

Amaka Vanni

ISBN13: 9781509955022
Published: August 2021
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback (Hardback in 2020)
Price: £34.99
Hardback edition , ISBN13 9781509927395



Despatched in 6 to 8 days.

Winner of the 2018 SIEL–Hart Prize in International Economic Law Thought-provoking analysis of pharmaceutical patent law in Brazil, India and Nigeria Provides an account of how certain developing countries use the patent regime as set out in the TRIPS Agreement to effect development and public health goals Articulates successful counter-hegemonic discourses on patent law-making and extrapolates lessons for Nigeria

Subjects:
Intellectual Property Law, Medical Law and Bioethics
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?"

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