Table of Contents

Emerging Markets and the World Patent Order

Emerging Markets and the World Patent Order

Edited by Frederick M. Abbott, Carlos M. Correa and Peter Drahos

The patent has emerged as a dominant force in 21st century economic policy. This book examines the impact of the BRICS and other emerging economies on the global patent framework and charts the phenomenal rise in the number of patents in some of these countries.

Chapter 13: Patent law in emerging economies: South Africa

Yousuf A. Vawda

Subjects: law - academic, intellectual property law, law and development

Extract

This chapter reflects on the development of patent law and practice in South Africa. It commences with a description of the origins of the applicable regime; and proceeds to consider how the law has shaped the practice of the patent system, as well as the manner in which the courts have applied the law. It then explores the effects of this system on issues such as access, innovation, investment, and the industrial policy choices made by the democratic government; and considers proposed changes to the national intellectual property regime to best meet South Africa’s developmental needs. Because the pricing of patent protected pharmaceuticals and its impact on public health has brought patents into sharp relief, this chapter includes a significant focus on pharmaceutical patents.

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