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The history of patent harmonization is a story of dynamic actors,
whose interactions with established structures shaped the patent
regime. From the inception of the trade regime to include
intellectual property (IP) rights to the present, this book
documents the role of different sets of actors - states,
transnational business corporations, or civil society groups - and
their influence on the structures - such as national and
international agreements, organizations, and private entities -
that have caused changes to healthcare and access to medication.
Presenting the debates over patents, trade, and the Agreement on
Trade-Related Aspects of Intellectual Property Rights (TRIPS
Agreement), as it galvanized non-state and nonbusiness actors, the
book highlights how an alternative framing and understanding of
pharmaceutical patent rights emerged: as a public issue, instead of
a trade or IP issue. The book thus offers an important analysis of
the legal and political dynamics through which the contest for
access to lifesaving medication has been, and will continue to be,
fought. In addition to academics working in the areas of
international law, development, and public health, this book will
also be of interest to policy makers, state actors, and others with
relevant concerns working in nongovernmental and international
organizations.
The history of patent harmonization is a story of dynamic actors,
whose interactions with established structures shaped the patent
regime. From the inception of the trade regime to include
intellectual property (IP) rights to the present, this book
documents the role of different sets of actors - states,
transnational business corporations, or civil society groups - and
their influence on the structures - such as national and
international agreements, organizations, and private entities -
that have caused changes to healthcare and access to medication.
Presenting the debates over patents, trade, and the Agreement on
Trade-Related Aspects of Intellectual Property Rights (TRIPS
Agreement), as it galvanized non-state and nonbusiness actors, the
book highlights how an alternative framing and understanding of
pharmaceutical patent rights emerged: as a public issue, instead of
a trade or IP issue. The book thus offers an important analysis of
the legal and political dynamics through which the contest for
access to lifesaving medication has been, and will continue to be,
fought. In addition to academics working in the areas of
international law, development, and public health, this book will
also be of interest to policy makers, state actors, and others with
relevant concerns working in nongovernmental and international
organizations.
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.
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.
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