Patent and Trade Disparities in Developing Countries

Overview

For developing countries, the concept of sustainable development, as opposed to rapid pockets of development, embodies great promise for socio-political reasons. Most analyses of development, however, have focused on either trade mechanisms or intellectual-property regimes, which has resulted in overly narrow and sometimes paradoxical conclusions, with corresponding policy measures that have promised far more than they can deliver. While each of these mechanisms has benefits and disadvantages, questions about how...

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Patent and Trade Disparities in Developing Countries

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Overview

For developing countries, the concept of sustainable development, as opposed to rapid pockets of development, embodies great promise for socio-political reasons. Most analyses of development, however, have focused on either trade mechanisms or intellectual-property regimes, which has resulted in overly narrow and sometimes paradoxical conclusions, with corresponding policy measures that have promised far more than they can deliver. While each of these mechanisms has benefits and disadvantages, questions about how they would interact and what kind of results they produce remain largely unexplored. Similarly, almost all of these regimes provide generalized solutions that developing countries tend to denounce as ill-fitting. There are several flexibilities that can be used as effective tools, but knowing which flexibility applies best to what context remains contentious. In Patent and Trade Disparities in Developing Countries, Srividhya Ragavan examines the interaction between trade and intellectual property regimes (using the patent regime in India as the focal point) in an integrated developmental framework to determine whether and how sustainable economic growth can be achieved in developing countries. This book examines a number of important questions: Is compulsory licensing the best way to provide access to medication or is patent protection more efficient? Should innovation in plant breeding be protected at all? If so, should it be using patents or a sui generis mechanism?

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Editorial Reviews

From the Publisher
"In Patent and Trade Disparities in Developing Countries, Srividhya Ragavan has undertaken a brilliant analysis of the intersection between intellectual property regimes and the concerns of developing countries with respect to the rights regime and access issues in areas such as pharmaceuticals and food security, even while maintaining sustainable growth...The work spreads a large canvas, and contains insightful analysis of areas which have not been looked into. It is extensively researched and is a must read for national and international policy makers, academics and patent lawyers."
—Honorable Mr. Justice S. Ravindra Bhat, Judge, Delhi High Court

"In her compelling new book, Srividhya Ragavan explains the trade regime which is often criticized as 'reeking of hypocrisy and broken promises.' The author details how the pull of international trade must be balanced with the push for basic human rights. With clarity of thought and expression, the author covers TRIPS compliance, failure of agricultural negotiations, patents, food security, PBRs, biodiversity, and more. Her excellent analysis and apt use of examples should make this 'subject book' required reading even for a person not 'skilled in the art.'"
—Prabha Sridevan (Former Judge, Madras High Court),
Chairman, Intellectual Property Appellate Board, India

"Patent and Trade Disparities in Developing Countries is an insightful exploration of the complex relationship between patent law and international trade law. By carefully highlighting the tensions between intellectual property protection and international trade barriers, particularly from a developing country's perspective, this book is a 'must read' for everyone interested in either topic."
—Jay P. Kesan, Professor and Workman Research Scholar, University of Illinois at Urbana-Champaign

"Patent and Trade Disparities in Developing Countries spans the world of contemporary disputes over intellectual property and international trade. Srividhya Ragavan breathes life into the story of a legal struggle of global dimensions. Her account is essential reading for anyone who wishes to understand the impact of patent and trade law on the wealth of nations and the destiny of the world at large."
—Jim Chen, Dean and Professor of Law, University of Louisville

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Product Details

  • ISBN-13: 9780199840670
  • Publisher: Oxford University Press
  • Publication date: 8/17/2012
  • Pages: 416
  • Product dimensions: 9.10 (w) x 6.50 (h) x 1.40 (d)

Meet the Author

Srividhya Ragavan is Professor of Law at the University of Oklahoma, College of Law with a focus on intellectual property, trade, and development. Her scholarship analyzes the interplay between international trade law and intellectual property, with an emphasis on issues that affect developing nations from embracing the trade regime. Professor Ragavan's publications have touched on diverse topics including: traditional knowledge, pharmaceutical patenting, and agricultural subsidies. Previously, she was a Texas Instruments Visiting Scholar at the Centre for Advanced Study & Research on Intellectual Property, University of Washington, Seattle.

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Table of Contents

ACKNOWLEDGMENTS

PREFACE

CHAPTER 1
CORRELATION BETWEEN PATENTS & DEVELOPMENT: LESSONS FROM HISTORY

CHAPTER 2
THE UNEQUALS: NATIONAL REALITIES & PATENT REGIMES OF THE DEVELOPING WORLD

CHAPTER 3
THE INTERNATONAL TRADE REGIME IN PERSPECTIVE

CHAPTER 4
THE POOR NATIONS HARMONIZE

CHAPTER 5
THE MISSING PIECE OF THE TRIPS PUZZLE: PROCEDURAL MECHANISMS

CHAPTER 6
TRIPS PATENT REGIME: THE POVERTY PENALTY

CHAPTER 7
IS A SUBSTANTIVE REGIME ADEQUATE TO GENERATE FULL COMPLIANCE? THE BIOTECHNOLOGY DEBATE

Chapter 8
Dying to Dine -The Story of the Great Agricultural Barrier

CHAPTER 9
The Debate on Plant Variety Protection

Chapter 10
Harvesting Poverty: The PBR Story in a Subsidy Plot

CHAPTER 11
Biodiversity: The Third but Ignored Paradigm of the Trade Regime

CHAPTER 12
Can the Trade Regime Lead to Sustainable Development?

INDEX

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