A Structurationist Analysis of Differing Policies Oriented to the Pharmaceutical Industry

2016 ◽  
pp. 1001-1022
Author(s):  
Yaşar Serhat Yaşgül
Keyword(s):  
Intellectual Property ◽  
Pharmaceutical Industry ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Global Governance ◽  
Active Participation ◽  
Governance Processes

This chapter has two purposes closely related to each other. The first one is to analyze why countries that have similar characteristics and benefits to each other develop different strategies in terms of rules that regulate the intellectual property rights in the pharmaceutical industry. The second one is to analyze the factors that determine active participation in global governance processes with regards to the intellectual property rights of countries that are developing, specifically in the pharmaceutical industry. The study used the structurationist approach developed by John M. Hobson, and findings were tested by comparing the examples of two countries: Turkey and Brazil.

A Structurationist Analysis of Differing Policies Oriented to the Pharmaceutical Industry

2014 ◽  
pp. 291-312
Author(s):  
Yaşar Serhat Yaşgül
Keyword(s):  
Intellectual Property ◽  
Pharmaceutical Industry ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Global Governance ◽  
Active Participation ◽  
Governance Processes

This chapter has two purposes closely related to each other. The first one is to analyze why countries that have similar characteristics and benefits to each other develop different strategies in terms of rules that regulate the intellectual property rights in the pharmaceutical industry. The second one is to analyze the factors that determine active participation in global governance processes with regards to the intellectual property rights of countries that are developing, specifically in the pharmaceutical industry. The study used the structurationist approach developed by John M. Hobson, and findings were tested by comparing the examples of two countries: Turkey and Brazil.

Regulating Access and Protecting Traditional Health Knowledge through Intellectual Property Rights? Issues from a Holistic Health Systems Perspective

2018 ◽  
Vol 23 (3) ◽  
pp. 504-529 ◽  
Author(s):  
Ritu Priya ◽  
Chris M. Kurian
Keyword(s):  
Intellectual Property ◽  
Pharmaceutical Industry ◽  
Property Rights ◽  
Health Systems ◽  
Intellectual Property Rights ◽  
Health Knowledge ◽  
Systems Approach ◽  
Holistic Health ◽  
World Intellectual Property Organization ◽  
Traditional Health

Traditional Health Knowledge (THK) has been a resource for modern pharmacology and the pharma-ceutical industry since its inception. Until the 2000s, there was little obligation to acknowledge the use of THK by the pharmaceutical industry. Now, with the intellectual property regime becoming a prominent mode of regulating use of pharmaceutical inventions and innovations, and attempts by the pharmaceutical industry to patent products based on THK, rights of THK holders are being fore-grounded. The World Intellectual Property Organization (WIPO) is seeking to protect the rights of THK holders through international legal instruments under the Intellectual Property Rights (IPR) framework. This article discusses dilemmas arising from this attempt at bringing together two diverse knowledge frameworks. It draws upon existing literature on the nature of THK and upon the debates of the WIPO’s Inter-Governmental Committee on Genetic Resources, Traditional Knowledge and Traditional Cultural Expression (WIPO-IGC), and analyses them from the standpoint of a holistic health systems approach (HHSA) in an era of Sustainable Development Goals (SDGs). The approach leads to the conclusion that deliberations and promulgations of the WIPO-IGC will have long-lasting implications for the survival of diversity and context-specificity in healthcare. Therein lies the significance of thinking through the policy and legal measures to be adopted nationally and internationally.

Rhetorics of Power and Development: Intellectual Property Rights and The Pharmaceutical Industry in Brazil

2007 ◽  
Vol 6 (4) ◽  
pp. 585-610 ◽  
Author(s):  
Ariane McCabe
Keyword(s):  
Developing Countries ◽  
Intellectual Property ◽  
Pharmaceutical Industry ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Regulatory Framework ◽  
Property Law ◽  
Industrial Property ◽  
Rights Discourse

AbstractThis paper examines the rise of an intellectual property (IP) rights discourse and highlights how it has been translated into national IP regimes. Recently, IP has become a polarizing concept, and attention has focused on questions that are overly narrow in scope. The characterization of the issue in simplistic dichotomous terms has ignored complex realities of developing countries. The case of Brazil is to highlights the complex ways in which the local pharmaceutical industry has been shaped by and has responded to the regulatory framework that has been established since and including the passage of the 1996 Industrial Property Law.

The Pharmaceutical Industry, Intellectual Property Rights and Access to Medicines in Pakistan

2013 ◽  
pp. 167-184 ◽  
Author(s):  
Zaheer-Ud-Din Babar ◽  
Shazia Qasim Jamshed ◽  
Muhammad Ashar Malik ◽  
Hans Löfgren ◽  
Anwarul-Hassan Gilani
Keyword(s):  
Intellectual Property ◽  
Pharmaceutical Industry ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Access To Medicines
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