Contestation Over the Ownership, Use, and Control of Knowledge and Information
Edited by Sebastian Haunss and Kenneth C. Shadlen
Chapter 2: The Post-TRIPS Politics of Patents in Latin America
Kenneth C. Shadlen National policies toward intellectual property (IP) underwent substantial transformation in the 1990s, as countries adopted new systems to conform to the World Trade Organization (WTO)’s Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). TRIPS-style IP regimes make patents available for more types of knowledge, grant long periods of patent protection, and endow patent-owners with strong rights of exclusion. In this chapter I examine two different types of political mobilization and pressures for change that newly-introduced, TRIPS-style regimes became subject to by the early 21st century. Most governments have faced pressures to modify aspects of their IP systems regarding pharmaceutical patents.1 Though the outcomes of this mobilization are not uniform across countries, the common thread has been for governments to address the consequences of stronger patent protection on the price of medicines and access to drugs. At the same time, most governments have also faced pressures to modify aspects of their patent systems more broadly related to science, technology, and indigenous innovation. Here too we witness cross-national variation in outcomes, but all around a common theme of trying to strengthen local actors’ capacities to take advantage of the incentives of patent protection and creating new regulatory frameworks to link publicly-funded scientific research with private industry. These two trajectories of mobilization and change in the areas of drugs– health and science–technology–innovation (STI) are somewhat contradictory: the first trajectory is about reforming the now-regnant systems of IP management, as debates in the case of drugs–health...
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.