Patenting of Pharmaceuticals and Development in Sub-Saharan Africa

Laws, Institutions, Practices, and Politics

Authors: ADUSEI, POKU

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About this book

This book critically investigates the patent protection of medication in light of the threats posed by HIV/AIDS, malaria and tuberculosis epidemics to the citizens of countries in Sub-Saharan Africa (hereinafter “SSA” or “Africa”). The book outlines the systemic problems associated with the prevailing globalized patent regime and the regime’s inability to promote access to life-saving medication at affordable prices in SSA. It argues that for pharmaceutical patents to retain their relevance in SSA countries, human development concepts must be integrated into global patent law- and policy-making. An integrative approach implies developing additional public health and human development exceptions/limitations to the exercise of patent rights with the goal of scaling up access to medication that can treat epidemics in SSA. By drawing on multiple perspectives of laws, institutions, practices, and politics, the book suggests that SSA countries adopt an evidence-based approach to implementing global patent standards in domestic jurisdictions. This evidence-based approach would include mechanisms like local need assessments and the use of empirical data to shape domestic patent law-making endeavors. The approach also implies revising patent rules and policies with a pro-poor and pro-health emphasis, so that medication will be more affordable and accessible to the citizens of SSA countries. It also suggests considering the opinions of individuals and pro-access institutions in enacting crucial pieces of health-related statutes in SSA countries. The approach in this book is sensitive to the public health needs of the citizens affected by epidemics and to the imperative of building local manufacturing facilities for pharmaceutical research and development in SSA.

About the authors

Dr. Poku Adusei is a Lecturer in Intellectual Property Law, Land Law, and Private International Law at the University of Ghana, Legon. He studied law at the University of Ghana, Ghana School of Law, University of Alberta, and McGill University.

Table of contents (8 chapters)

  • General Introduction and Overview

    Adusei, Poku

    Pages 1-27

  • Exploring the Conceptual Domains for Patent Discourse in Global Trade Relations

    Adusei, Poku

    Pages 29-58

  • Evolutionary Trajectories of Patents and the Politics of Exclusion in Sub-Saharan Africa

    Adusei, Poku

    Pages 59-109

  • The ‘Myth’ of Patent Justifications: Triumph and Failure Dichotomy in the North and South

    Adusei, Poku

    Pages 111-160

  • Patent Regulatory and Institutional Mechanisms in Sub-Saharan Africa

    Adusei, Poku

    Pages 161-198

Buy this book

eBook $119.00
price for USA (gross)
  • ISBN 978-3-642-32515-1
  • Digitally watermarked, DRM-free
  • Included format: PDF, EPUB
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover $159.00
price for USA
  • ISBN 978-3-642-32514-4
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
Softcover $159.00
price for USA
  • ISBN 978-3-642-43929-2
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
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Bibliographic Information

Bibliographic Information
Book Title
Patenting of Pharmaceuticals and Development in Sub-Saharan Africa
Book Subtitle
Laws, Institutions, Practices, and Politics
Authors
Copyright
2013
Publisher
Springer-Verlag Berlin Heidelberg
Copyright Holder
Springer-Verlag Berlin Heidelberg
eBook ISBN
978-3-642-32515-1
DOI
10.1007/978-3-642-32515-1
Hardcover ISBN
978-3-642-32514-4
Softcover ISBN
978-3-642-43929-2
Edition Number
1
Number of Pages
XX, 296
Topics