Kenneth C. Shadlen
- Published in print:
- 2017
- Published Online:
- August 2017
- ISBN:
- 9780199593903
- eISBN:
- 9780191845574
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780199593903.001.0001
- Subject:
- Political Science, Political Economy
This book shows how international changes can reconfigure domestic politics. Since the late 1980s, developing countries have come under considerable pressure to revise their intellectual property ...
More
This book shows how international changes can reconfigure domestic politics. Since the late 1980s, developing countries have come under considerable pressure to revise their intellectual property policies and practices. One area where pressures have been exceptionally controversial is in pharmaceuticals: historically, developing countries did not grant patents to drugs. Now they must do so. This book analyses different forms of compliance with this new imperative in Latin America, comparing the political economy of pharmaceutical patents in Argentina, Brazil, and Mexico. The book focuses on two periods of politics: initial conflicts over how to introduce drug patents, and subsequent conflicts over how countries’ new patent systems should function. In contrast to explanations of national policy based on external pressures, domestic institutions, or ideologies, this book attributes cross-national and longitudinal variation in patent policy to the ways that changing social structures affect political leaders’ abilities to construct and sustain supportive coalitions. The analysis begins with the relative resources and capabilities of national and transnational pharmaceutical sectors, and these rival actors’ strategies for attracting allies. From this starting point, emphasis is placed on two ways that social structures are transformed so as to affect coalition-building possibilities: how exporters may be converted into allies of transnational drug firms, and the differential patterns of adjustment among state and societal actors that are inspired by the introduction of new policies. It is within the changing structural conditions produced by these processes that political leaders build coalitions in support of different forms of compliance.Less
This book shows how international changes can reconfigure domestic politics. Since the late 1980s, developing countries have come under considerable pressure to revise their intellectual property policies and practices. One area where pressures have been exceptionally controversial is in pharmaceuticals: historically, developing countries did not grant patents to drugs. Now they must do so. This book analyses different forms of compliance with this new imperative in Latin America, comparing the political economy of pharmaceutical patents in Argentina, Brazil, and Mexico. The book focuses on two periods of politics: initial conflicts over how to introduce drug patents, and subsequent conflicts over how countries’ new patent systems should function. In contrast to explanations of national policy based on external pressures, domestic institutions, or ideologies, this book attributes cross-national and longitudinal variation in patent policy to the ways that changing social structures affect political leaders’ abilities to construct and sustain supportive coalitions. The analysis begins with the relative resources and capabilities of national and transnational pharmaceutical sectors, and these rival actors’ strategies for attracting allies. From this starting point, emphasis is placed on two ways that social structures are transformed so as to affect coalition-building possibilities: how exporters may be converted into allies of transnational drug firms, and the differential patterns of adjustment among state and societal actors that are inspired by the introduction of new policies. It is within the changing structural conditions produced by these processes that political leaders build coalitions in support of different forms of compliance.
Kenneth C. Shadlen
- Published in print:
- 2017
- Published Online:
- August 2017
- ISBN:
- 9780199593903
- eISBN:
- 9780191845574
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780199593903.003.0001
- Subject:
- Political Science, Political Economy
This chapter introduces the broad changes in the global politics of intellectual property that marked the late 1900s and early 2000s, and a coalitional argument for understanding cross-national and ...
More
This chapter introduces the broad changes in the global politics of intellectual property that marked the late 1900s and early 2000s, and a coalitional argument for understanding cross-national and longitudinal diversity in response to the new external environment. The chapter situates the book’s analysis in the context of broader scholarship in comparative and international political economy, highlighting the importance of coalitions for understanding national forms of compliance to global changes. The chapter reviews scholarship on the politics of intellectual property, with an eye toward integrating international and domestic drivers of national policies. The chapter concludes with discussion of the logic of case selection, the method of data collection and comparative analysis, and the organization of the remainder of the book.Less
This chapter introduces the broad changes in the global politics of intellectual property that marked the late 1900s and early 2000s, and a coalitional argument for understanding cross-national and longitudinal diversity in response to the new external environment. The chapter situates the book’s analysis in the context of broader scholarship in comparative and international political economy, highlighting the importance of coalitions for understanding national forms of compliance to global changes. The chapter reviews scholarship on the politics of intellectual property, with an eye toward integrating international and domestic drivers of national policies. The chapter concludes with discussion of the logic of case selection, the method of data collection and comparative analysis, and the organization of the remainder of the book.
Kenneth C. Shadlen
- Published in print:
- 2017
- Published Online:
- August 2017
- ISBN:
- 9780199593903
- eISBN:
- 9780191845574
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780199593903.003.0002
- Subject:
- Political Science, Political Economy
The chapter provides brief introductions to intellectual property, patents, and pharmaceuticals to help the reader understand the nature of the enduring conflicts in this area. Prior to the 1990s few ...
More
The chapter provides brief introductions to intellectual property, patents, and pharmaceuticals to help the reader understand the nature of the enduring conflicts in this area. Prior to the 1990s few developing countries granted patents on pharmaceutical products, but changes in the global politics of intellectual property made doing so obligatory – the starting point for the analyses in this book. The chapter reviews the policy challenges that countries addressed in deciding how to introduce pharmaceutical patents and then in revising their new patent systems, and then presents the explanatory framework to account for cross-national and longitudinal variation. National forms of compliance with global changes are iterative and path-dependent processes, in that there are successive episodes of conflict, and the policy choices of one period exert influence on the policy choices in subsequent periods. Degrees of over-compliance with the new global order are produced through resolution of these two sets of conflicts.Less
The chapter provides brief introductions to intellectual property, patents, and pharmaceuticals to help the reader understand the nature of the enduring conflicts in this area. Prior to the 1990s few developing countries granted patents on pharmaceutical products, but changes in the global politics of intellectual property made doing so obligatory – the starting point for the analyses in this book. The chapter reviews the policy challenges that countries addressed in deciding how to introduce pharmaceutical patents and then in revising their new patent systems, and then presents the explanatory framework to account for cross-national and longitudinal variation. National forms of compliance with global changes are iterative and path-dependent processes, in that there are successive episodes of conflict, and the policy choices of one period exert influence on the policy choices in subsequent periods. Degrees of over-compliance with the new global order are produced through resolution of these two sets of conflicts.
Kenneth C. Shadlen
- Published in print:
- 2017
- Published Online:
- August 2017
- ISBN:
- 9780199593903
- eISBN:
- 9780191845574
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780199593903.003.0003
- Subject:
- Political Science, Political Economy
This chapter analyses Argentina’s minimalist response to the global sea change. The pathway from the President Menem’s 1991 proposal for a new patent law to the 1996 Law on Invention Patents and ...
More
This chapter analyses Argentina’s minimalist response to the global sea change. The pathway from the President Menem’s 1991 proposal for a new patent law to the 1996 Law on Invention Patents and Utility Models reveals intense Executive–Legislative conflict over how Argentina should introduce drug patents. The US Government and the Argentine Executive fought tirelessly for over-compliance, but failed to secure this outcome. Argentina’s national pharmaceutical firms were able to construct a broad coalition against over-compliance, benefiting from its own considerable resources as well as the support of other actors in the industrial sector and health community. In contrast, the transnational sector was unable to attract allies that could widen its own coalition, as the country’s export structure meant that the principal instrument used to expand coalitions for over-compliance was ineffective. By the end of the 1990s, minimalism had become state policy in Argentina.Less
This chapter analyses Argentina’s minimalist response to the global sea change. The pathway from the President Menem’s 1991 proposal for a new patent law to the 1996 Law on Invention Patents and Utility Models reveals intense Executive–Legislative conflict over how Argentina should introduce drug patents. The US Government and the Argentine Executive fought tirelessly for over-compliance, but failed to secure this outcome. Argentina’s national pharmaceutical firms were able to construct a broad coalition against over-compliance, benefiting from its own considerable resources as well as the support of other actors in the industrial sector and health community. In contrast, the transnational sector was unable to attract allies that could widen its own coalition, as the country’s export structure meant that the principal instrument used to expand coalitions for over-compliance was ineffective. By the end of the 1990s, minimalism had become state policy in Argentina.
Prashant Reddy T. and Sumathi Chandrashekaran
- Published in print:
- 2017
- Published Online:
- March 2017
- ISBN:
- 9780199470662
- eISBN:
- 9780199088850
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199470662.003.0002
- Subject:
- Law, Intellectual Property, IT, and Media Law
The Patents Act, 1970 and its virtual abolition of a pharmaceutical patent regime did not go unchallenged by the innovator pharmaceutical industry of the developed world. Starting in the mid-1980s, ...
More
The Patents Act, 1970 and its virtual abolition of a pharmaceutical patent regime did not go unchallenged by the innovator pharmaceutical industry of the developed world. Starting in the mid-1980s, the United States (US) spearheaded an effort to link trade in goods with trade in intellectual property under the aegis of the World Trade Organisation (WTO). Although India initially resisted even discussing the issue, it capitulated in Geneva in April 1989 in what came to be known as the famous ‘Geneva Surrender’. Once negotiations began, the USt cajoled India to agree to Agreement on Trade-Related Intellectual Property Rights (TRIPS) and a pharmaceutical patent regime. Joining the WTO and becoming a signatory to TRIPS required India to reinstate a pharmaceutical patent regime in exchange for greater trading benefits in other sectors, like textiles. This chapter recounts the diplomatic negotiations and national politics that led to India agreeing to TRIPS.Less
The Patents Act, 1970 and its virtual abolition of a pharmaceutical patent regime did not go unchallenged by the innovator pharmaceutical industry of the developed world. Starting in the mid-1980s, the United States (US) spearheaded an effort to link trade in goods with trade in intellectual property under the aegis of the World Trade Organisation (WTO). Although India initially resisted even discussing the issue, it capitulated in Geneva in April 1989 in what came to be known as the famous ‘Geneva Surrender’. Once negotiations began, the USt cajoled India to agree to Agreement on Trade-Related Intellectual Property Rights (TRIPS) and a pharmaceutical patent regime. Joining the WTO and becoming a signatory to TRIPS required India to reinstate a pharmaceutical patent regime in exchange for greater trading benefits in other sectors, like textiles. This chapter recounts the diplomatic negotiations and national politics that led to India agreeing to TRIPS.
