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

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

Name: Patent Games in the Global South: Pharmaceutical Patent Law Making in Brazil, India and Nigeria
Brand: Hart Publishing
SKU: 9781509927395
Price: 1134.90 HKD
Availability: InStock
Author: Amaka Vanni
ISBN: 9781509927395

By Amaka Vanni

Hart Publishing February 2020

Specifications

ISBN-13: 9781509927395
Publisher: Hart Publishing
Publication: February 2020
Format: Hardback
Jurisdiction: U.K. ? Countri(es) for reference only

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Paperback

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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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Table of Contents

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