Intellectual Property, Pharmaceuticals and Public Health
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Intellectual Property, Pharmaceuticals and Public Health

Access to Drugs in Developing Countries

9781849800143 Edward Elgar Publishing
Edited by Kenneth C. Shadlen, London School of Economics and Political Science, UK, Samira Guennif, Université Paris 13, France, Alenka Guzmán, Autonomous Metropolitan University-Iztapalapa, Mexico and Narayanan Lalitha, Gujarat Institute of Development Research, India
Publication Date: January 2012 ISBN: 978 1 84980 014 3 Extent: 352 pp
This up-to-date book examines pharmaceutical development, access to medicines, and the protection of public health in the context of two fundamental changes that the global political economy has undergone since the 1970s, the globalization of trade and production and the increased harmonization of national regulations on intellectual property rights.

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This up-to-date book examines pharmaceutical development, access to medicines, and the protection of public health in the context of two fundamental changes that the global political economy has undergone since the 1970s, the globalization of trade and production and the increased harmonization of national regulations on intellectual property rights.

With authors from eleven different countries presenting case studies of national experiences in Africa, Asia and the Americas, the book analyzes national strategies to promote pharmaceutical innovation, while at the same time assuring widespread access to medicines through generic pharmaceutical production and generic pharmaceutical importation. The expert chapters focus on patents as well as an array of regulatory instruments, including pricing and drug registration policies.

Presenting in-depth analysis and original empirical research, this book will strongly appeal to academics and students of intellectual property, international health, international political economy, international development and law.
Critical Acclaim
‘. . . this book will appeal strongly to a wide range of professionals, academics and students with interest in and involvement in public health issues worldwide, specifically the pharmaceutical industry. . . the book is timely, topical, and packed with carefully researched information which puts a number of major issues relating to pharmaceuticals in perspective. Of great value to researchers are the copious footnotes and extensive bibliographies which follow most of the articles. . . this book certainly provides you with an impressive mine of information if you find yourself having to argue your corner on any number of legal, economic and ethical issues in this complex field of study.’
– Phillip Taylor MBE and Elizabeth Taylor, The Barrister Magazine

‘Since the 1970s the pharmaceutical industry has undergone significant changes in its research and development paradigm, trade and production. Regulatory frameworks have also changed substantially, particularly in the area of intellectual property rights. This book provides much needed empirical evidence on the impact of these and other changes on the pharmaceutical sector and on access to medicines in developing countries. The studies, conducted with a common methodology, on nine developing countries (including major producers of pharmaceuticals such as China and India) and on Canada, make an outstanding contribution to the literature in the field. The data and analysis in the book are of immediate interest to policy makers and to scholars in various fields, including innovation economics, industrial policy, health systems and intellectual property.’
– Carlos Correa, University of Buenos Aires, Argentina

‘This impressive collection offers fascinating new perspectives on the impact of pharmaceutical patents on access to medicines in developing countries. The volume’s editors have put together an important book that sets out clearly the challenges to public health in a wide range of national contexts. The book will be a valuable text for all scholars and decision-makers interested in the global politics of intellectual property rights and public health.’
– Duncan Matthews, Queen Mary, University of London, UK
Contributors
Contributors: T. Andia, M. Bourassa Forcier, M. Flynn, P. Gehl Sampath, S. Guennif, A. Guzmán, H. Klug, G. Krikorian, N. Lalitha, J.-F. Morin, K.C. Shadlen, L. Shi, M. Watanabe
Contents
Contents:

1. Globalization, Intellectual Property Rights, and Pharmaceuticals: Meeting the Challenges to Addressing Health Gaps in the New International Environment
Kenneth C. Shadlen, Samira Guennif, Alenka Guzmán and N. Lalitha

2. Pharmaceutical Production and Access to Essential Medicines in South Africa
Heinz Klug

3. Intellectual Property and Access to Medicines: Paradoxes in Moroccan Policy
Gaëlle Krikorian

4. The Invisible Threat: Trade, Intellectual Property, and Pharmaceutical Regulations in Colombia
Tatiana Andia

5. The Challenges of Constructing Pharmaceutical Capabilities and Promoting Access to Medicines in Mexico under TRIPS
Alenka Guzmán

6. Corporate Power and State Resistance: Brazil’s Use of TRIPS Flexibilities for its National AIDS Program
Matthew Flynn

7. The Politics of Patents and Drugs in Brazil and Mexico: The Industrial Bases of Health Policies
Kenneth C. Shadlen

8. Pharmaceutical Patent Policy in Developing Countries: Learning from the Canadian Experience
Jean-Frédéric Morin and Mélanie Bourassa Forcier

9. Access to Indian Generic Drugs: Emerging Issues
N. Lalitha

10. Sufficient but Expensive Drugs: A Double-Track System that Facilitated Supply Capability in China
Mariko Watanabe and Luwen Shi

11. Access to Essential Drugs in Thailand: Intellectual Property Rights and Other Institutional Matters Affecting Public Health in a Developing Country
Samira Guennif

12. The TRIPS Agreement and Health Innovation in Bangladesh
Padmashree Gehl Sampath

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