Product Patents and Access to Medicines in India: A Critical Review of the Implementation of TRIPS Patent Regime

2010 ◽  
Vol 3 (2) ◽  
Author(s):  
Gopakumar K M.
Keyword(s):  
Developing Countries ◽  
Access To Medicines ◽  
Policy Makers ◽  
Legal Policy ◽  
The Public ◽  
Law And Policy ◽  
Domestic Legislation ◽  
Institutional Challenges ◽  
Domestic Law ◽  
Indian Pharmaceutical Industry

In 2005, India amended its Patents Act, 1970 to introduce TRIPS compliant product patent regime. Generally speaking, law and policy makers in India during the time of the amendment were confronted with two major concerns viz. the future of the Indian pharmaceutical industry and access to affordable medicines in India and other developing countries. To address these concerns India along with many other developing countries attempted to incorporate TRIPS flexibilities in their domestic law. However, the success of the TRIPS flexibilities in addressing the question of access to affordable medicines mainly depends on three factors: a) the incorporation of flexibilities in the domestic law; b) the manufacturing capability of a country; and c) the political will to use the public interest safeguards provided in the domestic law. There are only a few countries like India, which satisfy the above-mentioned conditions to a certain extent. This article examines whether these premises hold true after five years into the implementation of the TRIPS compliant patent system in India. In this context the paper identifies and analyzes the legal, policy and institutional challenges that India is currently facing in the implementation of TRIPS flexibilities. It also identifies the main legal, policy and institutional disconnect in the implementation of TRIPS flexibilities in India. It argues that to effectively use TRIPS flexibilities to address access to affordable medicines require changes in three areas viz. law, policy and institutions. It clearly shows that mere incorporation of TRIPS flexibilities in the domestic legislation alone is not enough and the domestic legislation needs to be complemented with policy and institutional framework.

scholarly journals Yudisialisasi Politik dan Sikap Menahan Diri: Peran Mahkamah Konstitusi dalam Menguji Undang-Undang

2016 ◽  
Vol 12 (3) ◽  
pp. 473
Author(s):  
Bisariyadi Bisariyadi
Keyword(s):  
Policy Making ◽  
Constitutional Court ◽  
Theoretical Justification ◽  
Policy Makers ◽  
Aggressive Approach ◽  
Legal Policy ◽  
State Institutions ◽  
Law And Policy ◽  
Executive Discretion ◽  
Judicialization Of Politics

In a review of the constitutionality of law or policy, the Constitutional Court can take an aggressive approach or choose to take self-restraint. Theoretical justification on the Court to change or made policy derived from the judicialization of politics. Global phenomenon indicates the shift of policy-making authority towards the judiciary. Consequently, policy makers shows resistence. Such conditions forced the Court to use a number of strategies to reduce political tensions between state institutions while at the same time the Court still protect the rights of citizens. The Court uses self-restraint approach to examine policies which in realm of legislative or executive discretion. This approach is referred to by the Court as an “open(ed) legal policy”. This study elaborates on the actions carried out by the Indonesian Constitutional Court to test the constitutionality of law or policy, both in the application of the judicialization of politics nor in the judicial restraint approach. In reality, the Court uses both of these approaches on review the constitutionality of law and  policy.

Refoulement and Refugees

2017 ◽  
pp. 181-197
Author(s):  
Jasper MacLennan Sugars
Keyword(s):  
International Law ◽  
Asylum Seekers ◽  
Word Meaning ◽  
The Public ◽  
Contentious Issue ◽  
Law And Policy ◽  
The Status ◽  
Unique Approach ◽  
Important Field ◽  
Domestic Law

Refoulement, a French word meaning to reject; or backwash, is a contentious issue in the international law and policy. However, the word is unknown to most of the public world – the Australian government operations to deter asylum seekers titled ‘pushing back the boats', ‘operation sovereign borders' are questionably pushing the limits as to what's refoulement and what isn't – but the worded meaning in the convention relating to the status of refugees is the process by which a persecuted asylum seeker is forcibly removed back to a place where they are re-exposed to the same danger from which they are trying to escape. In this article, the author hopes to provide information to others who are interested in the area of refugee policy and, in particular Australia's role in the development of this increasingly important field of international law as well as the implementation of their own unique approach to dealing with asylum seekers arriving in their territorial waters by boat. in this chapter the author has made every effort to provide an unbiased, politically non-partisan view of the current policies which Australia has implemented under domestic law, which includes the act of turning back of boats and offshore processing in third-nation processing facilities.

scholarly journals Addressing the ageing workforce: a critical examination of legal policy objectives and values in the United Kingdom

2016 ◽  
Vol 37 (7) ◽  
pp. 1362-1393 ◽  
Author(s):  
ALYSIA BLACKHAM
Keyword(s):  
United Kingdom ◽  
Critical Examination ◽  
The European Union ◽  
Policy Makers ◽  
Complex Issue ◽  
Legal Policy ◽  
The United Kingdom ◽  
A Value ◽  
Law And Policy ◽  
Policy Objectives

ABSTRACTPopulation ageing is a key challenge confronting European policy makers. Ageing is a complex issue, requiring a value-driven approach to law and policy. However, there has been limited consideration of what values are driving ageing law and policy in the European Union, or if these values are appropriate. Drawing on an empirical study of United Kingdom (UK) legal policy documents, this paper identifies and critiques the primary values and objectives driving ageing law and policy in the field of employment. It is argued that the values driving UK law and policy are often contested, contradictory and under-defined, and there has been limited thought given to how they should be prioritised in the event they conflict. Thus, there is a serious need to reconsider the approach to age and employment taken by policy makers, and to clarify better the key values on which law and policy rest.

Antismoking Public Policies as Envisioned by Bangladeshi Smokers and Non-Smokers

1986 ◽  
Vol 7 (3) ◽  
pp. 201-210
Author(s):  
Michael C. Budden ◽  
Najmul Hossain
Keyword(s):  
Developing Countries ◽  
Tobacco Use ◽  
Government Policy ◽  
Tobacco Consumption ◽  
Social Costs ◽  
Capital City ◽  
Public Programs ◽  
Policy Makers ◽  
The Public ◽  
Developing Society

Tobacco use is growing quickly in the developing countries. International tobacco companies often escape the strict labeling laws of their national origins by operating in developing societies where such laws are lacking. Bangladesh is a prime example of a developing society where tobacco use and its subsequent social costs are increasing. A survey of Bangladeshis in the capital city of Dhaka shows that both smokers and non-smokers believe public programs aimed at educating the public on the dangers of tobacco use should be implemented. Schools were seen as a viable medium for educating the young. Government warnings concerning any dangers were mandated by both smokers and non-smokers. Limitations on where persons would be allowed to smoke was seen as a viable government policy by the respondents. A promising finding was that the more aware a person was of the dangers of tobacco consumption, the less likely the person was to use tobacco. Implications for government policy makers are discerned.

scholarly journals Privatization in the Land of Believers: The political economy of privatization in Pakistan

2017 ◽  
Vol 51 (6) ◽  
pp. 1695-1726 ◽  
Author(s):  
KAMAL MUNIR ◽  
NATALYA NAQVI
Keyword(s):  
Developing Countries ◽  
Interesting Case ◽  
The Political ◽  
Late Development ◽  
International Financial Institutions ◽  
Economic Sectors ◽  
Policy Makers ◽  
The Public ◽  
Qualitative And Quantitative ◽  
Business Interests

AbstractDespite theoretical justifications and empirical evidence that state-owned enterprises have played an important role in late development, as well as over three decades of evidence that privatization programmes since the 1980s have had mixed results at best, international financial institutions continue prescribing privatization as a panacea for developing countries. Pakistan is an interesting case to understand why privatization is still considered desirable, because it is one of a set of developing countries that have whole-heartedly implemented Washington Consensus policies. In this context, we analyse privatization in two key economic sectors in Pakistan: energy and banking. Using qualitative and quantitative data, we describe the motivations behind these privatizations, the process by which they were carried out, and analyse the post-privatization performance of these organizations and sectors. We find that in both cases (a) the privatizations failed not only with respect to their stated aims, leading to a decline in national productive capabilities, but also had adverse distributional consequences, shifting the rewards to the buyers while the risks and costs remained with the public sector, and (b) the suboptimal outcomes of the privatizations went largely unchallenged aided by a prevalent neoliberal view amongst the country's economic policy makers and intelligentsia. Our analysis sheds new light on the process by which privatization in the absence of a state with the capacity to discipline business interests has enabled these interests to obtain state-sponsored rents without bringing any of the associated benefits for economic development.

Refoulement and Refugees

2019 ◽  
pp. 727-740
Author(s):  
Jasper MacLennan Sugars
Keyword(s):  
International Law ◽  
Asylum Seekers ◽  
Word Meaning ◽  
The Public ◽  
Contentious Issue ◽  
Law And Policy ◽  
The Status ◽  
Unique Approach ◽  
Important Field ◽  
Domestic Law

Refoulement, a French word meaning to reject; or backwash, is a contentious issue in the international law and policy. However, the word is unknown to most of the public world – the Australian government operations to deter asylum seekers titled ‘pushing back the boats', ‘operation sovereign borders' are questionably pushing the limits as to what's refoulement and what isn't – but the worded meaning in the convention relating to the status of refugees is the process by which a persecuted asylum seeker is forcibly removed back to a place where they are re-exposed to the same danger from which they are trying to escape. In this article, the author hopes to provide information to others who are interested in the area of refugee policy and, in particular Australia's role in the development of this increasingly important field of international law as well as the implementation of their own unique approach to dealing with asylum seekers arriving in their territorial waters by boat. in this chapter the author has made every effort to provide an unbiased, politically non-partisan view of the current policies which Australia has implemented under domestic law, which includes the act of turning back of boats and offshore processing in third-nation processing facilities.

scholarly journals Evaluating the Sustainability of Public Debt in the Presence of Current and Fiscal Accounts Deficit in Developing Countries

2020 ◽  
Vol V (I) ◽  
pp. 572-585
Author(s):  
Ayaz Khan ◽  
Zahoor Ul Haq ◽  
Javed Iqbal
Keyword(s):  
Developing Countries ◽  
Public Debt ◽  
Sufficient Conditions ◽  
Policy Makers ◽  
Debt Sustainability ◽  
The Public ◽  
Sustainability Issue ◽  
Sustainability Of Public Debt ◽  
Using Data ◽  
Necessary And Sufficient

We estimate the public debt sustainability for 53 developing countries divided into different regions using data from 1996 to 2017. Sustainability of public debt calculation is based on theoretically derived models with necessary and sufficient conditions. Current study empirically validates the importance of least evident saving-investment gap along with other variables in public debt sustainability issue. Findings show that current account, fiscal account and saving-investment gap imbalances cause unsustainable public debt for all different regions which is a matter of great concern for each region. Policy makers of the developing countries must bring policies to promote investment activities backed by saving not by debt.

scholarly journals Foreword

2019 ◽  
Author(s):  
Sudha N. Setty
Keyword(s):  
Educational Opportunity ◽  
Legal Education ◽  
Policy Makers ◽  
The Public ◽  
Legal Reforms ◽  
Current State ◽  
Law And Policy ◽  
The Law

Published: Sudha Setty, Foreword, 41 W. NEW ENG. L. REV. 1 (2019).In this Article, the Author reflects on legal education and the role of law reviews. Law reviews not only serve as an educational opportunity, but offer potential legal reforms to help legal scholars, practitioners, and the public understand possible shortcomings of the current state of the law and help law and policy makers contemplate potential improvements.

The WTO–TRIPS Flexibilities on Public Health: A Critical Appraisal of the East African Community Regional Framework

2017 ◽  
Vol 17 (1) ◽  
pp. 145-168 ◽  
Author(s):  
OLUFEMI SOYEJU ◽  
JOSHUA WABWIRE
Keyword(s):  
Public Health ◽  
Developing Countries ◽  
Patent Protection ◽  
Access To Medicines ◽  
East African ◽  
Member States ◽  
East African Community ◽  
The Public ◽  
African Community

AbstractOver the years, many developing countries have attempted to make policies utilizing the WTO–TRIPS flexibilities to address the public health needs of their populations. A common strategic trend in these policies has been the tendency to attempt to increase access to medicines through price reduction, achieved by weakening patent protection. This paper, using the policy that has recently been adopted by the East African Community (EAC) member states as a case study, demonstrates the inappropriateness of this strategy. The core argument is that weakening patent protection will hinder further research and invention, which are necessary to ensure the availability of medicines. For developing countries, especially those in Africa, such as the EAC member states, the problem is aggravated by the fact that pharmaceuticals, due to commercial considerations, have already ignored investing in developing medicines for diseases predominant in these countries, hence the need to strengthen rather than weaken, patent protection.

The Impact of the Public Expenditure Cuts Policy on the Labor Market in Vietnam

2012 ◽  
pp. 22-46
Author(s):  
Huong Nguyen Thi Lan ◽  
Toan Pham Ngoc
Keyword(s):  
Labor Market ◽  
Computable General Equilibrium ◽  
Impact Evaluation ◽  
Public Expenditure ◽  
Computable General Equilibrium Model ◽  
Living Standard ◽  
Input Output ◽  
Policy Makers ◽  
The Public ◽  
The Impact

The purpose of this study is to evaluate the impact of public expenditure cuts on employment and income to support policies for the development of the labor mar- ket. Impact evaluation is of interest for policy makers as well as researchers. This paper presents a method – that is based on a Computable General Equilibrium model – to analyse the impact of the public expenditure cuts policy on employment and income in industries and occupations in Vietnam using macro data, the Input output table, 2006, 2008 and the 2010 Vietnam Household Living Standard Survey.

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