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

✍ Scribed by Amaka Vanni

• Publisher: Hart
• Year: 2020
• Tongue: English
• Leaves: 256
• Edition: 1
• Category: Library

✦ Synopsis

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.

✦ Table of 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?