Serrano, Omar Ramon; Burri, Mira (2021). India, Brazil, and public health: Rule‐making through south–south diffusion in the intellectual property rights regime? Regulation & Governance, 15(3), pp. 616-633. John Wiley & Sons 10.1111/rego.12355
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Regulation Governance - 2020 - Serrano Oswald - India Brazil and public health Rule‐making through south south.pdf - Published Version Available under License Creative Commons: Attribution-Noncommercial-No Derivative Works (CC-BY-NC-ND). Download (360kB) | Preview |
This article analyzes the domestic drivers of regulatory state formation in India and Brazil and its consequences for the global rules governing pharmaceutical patents. We first analyze Indian and Brazilian politics of regulatory state formation; then, in light of the extent to which the two countries have built regulatory capacity and capability in the field of patent regulation, we explore whether and how they have been able to influence the existing intellectual property regime in health. We look into India's Section 3(d) and Brazil's prior consent requirement. Whereas India's Section 3(d) regulation has gained international regulatory influence by diffusing to other developing countries, the same cannot be said for Brazil's prior consent regulation, which has been caught by policy-reversals. The transition toward regulatory states in emerging countries is a bulky road and does not progress in linear ways. However, once regulatory capacity and capability have been solidified, domestic policy innovations can become internationally influential.
Item Type: |
Journal Article (Original Article) |
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Division/Institute: |
Business School > Institute for Marketing & Global Management > Global Management Business School |
Name: |
Serrano, Omar Ramon 0000-0002-7396-7891 and Burri, Mira |
Subjects: |
J Political Science > JA Political science (General) J Political Science > JZ International relations |
ISSN: |
1748-5983 |
Publisher: |
John Wiley & Sons |
Language: |
English |
Submitter: |
Omar Ramon Serrano |
Date Deposited: |
16 Oct 2023 10:18 |
Last Modified: |
16 Oct 2023 10:18 |
Publisher DOI: |
10.1111/rego.12355 |
Uncontrolled Keywords: |
Brazil, India, intellectual property, public health, rule-making, south–south diffusion |
ARBOR DOI: |
10.24451/arbor.19509 |
URI: |
https://arbor.bfh.ch/id/eprint/19509 |
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