The law and politics of pharmaceutical patents in India

Banerjee, Arpan (2016) The law and politics of pharmaceutical patents in India. In: Innovation and IPRs in China and India: Myths, Realities and Opportunities. China-EU Law Series (4). Springer, Singapore, pp. 143-158. ISBN 9789811004063

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The philosophical and historical roots of IPRs have been traced back to late medieval and enlightenment-era Europe. In the modern era, English courts have protected IP by applying “with almost evangelical fervour…the commandment ‘thou shalt not steal’,” while neoclassical economists have viewed IP as an incentive to investment. However, numerous scholars have taken a contrary view. Frequently, critical narratives on IPRs have been framed in terms of a conflict between developing countries and developed countries. Even the World Bank, while endorsing the view that IPRs can help developing countries attract foreign investment, has cautioned that “[t]ighter IPRs can…disadvantage developing countries in two ways: by increasing the knowledge gap and by shifting bargaining power toward the producers of knowledge, most of whom reside in industrial countries.”

Item Type: Book Section
Keywords: Foreign Direct Investment | Intellectual Property | Supra Note Compulsory Licence | Indian Government |
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Gena Veineithem
Date Deposited: 12 May 2022 11:24
Last Modified: 12 May 2022 11:24
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