The Political Economy of Pharmaceutical Patents: US Sectional Interests and the African Group at the WTO PDF
Preview The Political Economy of Pharmaceutical Patents: US Sectional Interests and the African Group at the WTO
The PoliTical economy of PharmaceuTical PaTenTs Global health Series Editors: Professor nana K. Poku, John ferguson Professor, university of Bradford, uK and Dr robert l. ostergard, assistant Professor of Political science, university of nevada, reno The benefits of globalization are potentially enormous, as a result of the increased sharing of ideas, cultures, life-saving technologies and efficient production processes. Yet globalization is under trial, partly because these benefits are not yet reaching hundreds of millions of the world’s poor and partly because globalization has introduced new kinds of international problems and conflicts. Turmoil in one part of the world now spreads rapidly to others, through terrorism, armed conflict, environmental degradation or disease. This timely series provides a robust and multi-disciplinary assessment of the asymmetrical nature of globalization. Books in the series encompass a variety of areas, including global health and the politics of governance, poverty and insecurity, gender and health and the implications of global pandemics. Also in the series The Politics of AIDS Denialism South Africa’s Failure to Respond Pieter Fourie and Melissa Meyer isBn 978 1 4094 0405 7 Gender and HIV/AIDS Critical Perspectives from the Developing World Edited by Jelke Boesten and Nana K. Poku isBn 978 0 7546 7269 2 AIDS, South Africa, and the Politics of Knowledge Jeremy R. Youde isBn 978 0 7546 7003 2 AIDS and Governance Edited by Nana K. Poku, Alan Whiteside and Bjorg Sandkjaer isBn 978 0 7546 4579 5 The Political Economy of AIDS in Africa Nana K. Poku and Alan Whiteside isBn 978 0 7546 3897 1 The Political Economy of Pharmaceutical Patents us sectional interests and the African Group at the WTO sherry s. marcellin London School of Economics, UK © sherry s. marcellin 2010 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior permission of the publisher. Sherry S. Marcellin has asserted her right under the Copyright, Designs and Patents Act, 1988, to be identified as the author of this work. Published by Ashgate Publishing Limited Ashgate Publishing Company Wey Court East Suite 420 union road 101 cherry street Farnham Burlington surrey, Gu9 7PT VT 05401-4405 england usa www.ashgate.com British Library Cataloguing in Publication Data marcellin, sherry s. The political economy of pharmaceutical patents : US sectional interests and the African Group at the WTO. 1. Pharmaceutical industry. 2. Patent laws and legislation. 3. Agreement on Trade-Related Aspects of Intellectual Property Rights (1994) 4. World Trade Organization. i. Title 382.4’56151-dc22 Library of Congress Cataloging-in-Publication Data marcellin, sherry s. The political economy of pharmaceutical patents : US sectional interests and the African Group at the WTO / by Sherry S Marcellin. p. cm. -- (Global health) Includes bibliographical references and index. ISBN 978-1-4094-1214-4 (hardback) -- ISBN 978-1-4094-1215-1 (ebook) 1. Pharmaceutical industry. 2. Patent laws and legislation. 3. World Trade Organization. i. Title. hD9665.5.m362 2010 382’.456151--dc22 2010022042 ISBN 9781409412144 (hbk) ISBN 9781409412151 (ebk) contents List of Tables and Figures vii Acknowledgements ix List of Abbreviations xi introduction 1 1 Explaining ‘Who Gets What’ in International Trade Decision-making 23 2 North/South Controversies in the TRIPS Negotiations: Between Hegemony and Domination? 53 3 Consensus Formation in the TRIPS Negotiations: agendas, agents and Turning Points 81 4 Legitimacy and the TRIPS Agreement: Globalised Law as ‘Consent Without Consent’ 107 5 The Post-TRIPS Context and the Intensification of a Contested Terrain: The Rise of the African Group (AG) at the WTO? 133 conclusion 165 List of Interviewees 173 References 175 Index 207 This page has been left blank intentionally list of Tables and figures Tables 1.1 2004 Global Market Share (GMS) of the top 10 pharmaceutical companies 26 1.2 World’s major pharmaceutical markets as fraction of total sales in us$ billion 29 Figures 1.1 Five-year presentation on the global annual sales (US$ billion) of the TDI compared with the current annual GDP of sub-Saharan Africa (US$ billion) 28 1.2 enabling structure of the TDi 37 1.3 Prevailing historical structure 52 This page has been left blank intentionally Acknowledgements My sincerest gratitude goes out to my family, as well as to Matthew Watson and Diane Stone of The University of Warwick, UK.
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