Overview

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.

Full Product Details

Author:   Dr Amaka Vanni
Publisher:   Bloomsbury Publishing PLC
Imprint:   Hart Publishing
Weight:   0.546kg
ISBN:  

9781509927395

ISBN 10:   1509927395
Pages:   256
Publication Date:   06 February 2020
Audience:   Professional and scholarly ,  Professional and scholarly ,  Professional & Vocational ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Manufactured on demand  
We will order this item for you from a manufactured on demand supplier.

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?

Reviews

This is an exciting book. It is based on fieldwork in Brazil, India and Nigeria, three countries of major importance to how we think about the complexities of patents and access to medicines. It also develops fresh theoretical insights through a synthesis of critical legal theory and nodal governance. Intellectual property law is shown to be an arena that has to be contested by citizens and social movements if it is ever to serve their interests. This is a hugely important book. * Peter Drahos, European University Institute, Fiesole * This is a powerful, refreshing and welcome book. Written from a critical global south/TWAIL perspective, it uncovers and insightfully traces bottom up resistance against hegemonic and inequitable global north intellectual property regimes. Using evidence of significant deviations in patent law, policy and doctrine from India and Brazil, it shows how the global south is charting alternative approaches to those prescribed in global intellectual property norms. For international and comparative law scholars, this book sets a new standard that foregrounds resistance and reform as a lens for understanding legal transplantation. In so doing, the book convincingly overturns the traditional understanding of transplantation as mere imitation or imposition of alien rules. Instead, it foregrounds how transplanted or imposed laws are actively and successfully subverted and reformed through bottom-up resistance. It also draws lessons from these experiences for other global south countries like Nigeria. * James Thuo Gathii, Wing Tat Lee Chair of International Law, Loyola University Chicago School of Law * Patent Games in the Global South considers patent law making in Brazil, India and Nigeria, through the triple lens of history, national politics and international politics with a spotlight on the role of multiple stakeholders. Stakeholder views were elicited through multi-sited ethnography and incorporated into the analysis which was informed by Critical Legal Theory and Third World Approaches to International Law. It is a thought provoking treatise and a worthy addition to scholarship on the critically important subject of patents and access to medicines in the global South. * Caroline B Ncube, SARChI Research Chair in Intellectual Property, Innovation and Development and Professor at the Department of Commercial Law, University of Cape Town * From a Global South, bottom-up perspective, patent law is not only a field in which a series of crucially important disputes about the present and future ownership of knowledge are taking place. It is also a key component of a large assemblage known as global governance, which started with the European colonial project and which continues to shape our lives today via WTO and other international rules and a myriad of domestic regulations. Amaka Vanni takes up the challenge in this wonderful book of showing the impact of this complex history in relation to pharmaceuticals and the countless battles that are currently being fought to overcome its effects in Brazil, India and Nigeria. Anyone interested in the multiple ways in which global history is woven into the fabric of the international legal order and, in turn, into the bodies - healthy and troubled - of Southern subjects, must start with Patent Games in the Global South. * Luis Eslava, Reader in International Law and Co-Director of the Centre for Critical International Law (CeCIL), University of Kent *

This is an exciting book. It is based on fieldwork in Brazil, India and Nigeria, three countries of major importance to how we think about the complexities of patents and access to medicines. It also develops fresh theoretical insights through a synthesis of critical legal theory and nodal governance. Intellectual property law is shown to be an arena that has to be contested by citizens and social movements if it is ever to serve their interests. This is a hugely important book. * Peter Drahos, European University Institute, Fiesole * This is a powerful, refreshing and welcome book. Written from a critical global south/TWAIL perspective, it uncovers and insightfully traces bottom up resistance against hegemonic and inequitable global north intellectual property regimes. Using evidence of significant deviations in patent law, policy and doctrine from India and Brazil, it shows how the global south is charting alternative approaches to those prescribed in global intellectual property norms. For international and comparative law scholars, this book sets a new standard that foregrounds resistance and reform as a lens for understanding legal transplantation. In so doing, the book convincingly overturns the traditional understanding of transplantation as mere imitation or imposition of alien rules. Instead, it foregrounds how transplanted or imposed laws are actively and successfully subverted and reformed through bottom-up resistance. It also draws lessons from these experiences for other global south countries like Nigeria. * James Thuo Gathii, Wing Tat Lee Chair of International Law, Loyola University Chicago School of Law * Patent Games in the Global South considers patent law making in Brazil, India and Nigeria, through the triple lens of history, national politics and international politics with a spotlight on the role of multiple stakeholders. Stakeholder views were elicited through multi-sited ethnography and incorporated into the analysis which was informed by Critical Legal Theory and Third World Approaches to International Law. It is a thought provoking treatise and a worthy addition to scholarship on the critically important subject of patents and access to medicines in the global South. * Caroline B Ncube, SARChI Research Chair in Intellectual Property, Innovation and Development and Professor at the Department of Commercial Law, University of Cape Town *

This is an exciting book. It is based on fieldwork in Brazil, India and Nigeria, three countries of major importance to how we think about the complexities of patents and access to medicines. It also develops fresh theoretical insights through a synthesis of critical legal theory and nodal governance. Intellectual property law is shown to be an arena that has to be contested by citizens and social movements if it is ever to serve their interests. This is a hugely important book. -- Peter Drahos, European University Institute, Fiesole

Author Information

Amaka Vanni holds a PhD in International Economic Law from the University of Warwick and is a legal scholar and documentary filmmaker based in Lagos, Nigeria.

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