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

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

  • 作者:
  • 出版商: Hart Publishing
  • ISBN: 9781509927395
  • 出版时间 February 2020
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
  • Paperback Edition ISBN: 9781509955022
¥998.75
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  • 描述 
  • 大纲 
  • 详细

    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.

  • 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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