scholarly journals India and the Patent Wars: Pharmaceuticals in the New Intellectual Property Regime. Murphy Halliburton, Ithaca: Cornell University Press, 2017, 187 pp.

2018 ◽  
Vol 33 (2) ◽  
Author(s):  
Dwaipayan Banerjee
Keyword(s):  
Intellectual Property ◽  
Cornell University ◽  
Patent Wars ◽  
Property Regime

India and the Patent Wars

2017 ◽  
Author(s):  
Murphy Halliburton
Keyword(s):  
Intellectual Property ◽  
Low Cost ◽  
Medical System ◽  
Patent System ◽  
Pharmaceutical Companies ◽  
Multiple Perspectives ◽  
System P ◽  
The World ◽  
Patent Wars ◽  
Property Regime

India and the Patent Wars examines struggles over patents and access to medicine among pharmaceutical producers, activists and others under a new global intellectual property regime. India, one of the world’s largest pharmaceutical exporters, has been at the center of these struggles, and this book explores multiple perspectives in these controversies including those of Indian pharmaceutical companies, which have long offered low-cost medicines to customers around the world, multinational pharmaceutical companies, which pursue patent claims in Indian courts and license drugs to Indian producers, and practitioners of ayurveda, India’s largest indigenous medical system, who are concerned about how their knowledge and practices relate to the new patent system.

scholarly journals The protection of cultural heritage: common heritage of humankind, national cultural ‘patrimony’ or private property?

2020 ◽  
Vol 64 (3) ◽  
pp. 351-364
Author(s):  
Fiona Macmillan
Keyword(s):  
Intellectual Property ◽  
Cultural Heritage ◽  
International Law ◽  
Private Property ◽  
Community Identity ◽  
Cultural Patrimony ◽  
Postcolonial Discourse ◽  
The Relationship ◽  
Property Regime ◽  
Protection Of Cultural Heritage

Starting from an argument about the relationship between cultural heritage and national and/or community identity, this article considers the different ways in which both the international law regime for the protection of cultural heritage and the international intellectual property regime tend to appropriate cultural heritage. The article argues that, in the postcolonial context, both these forms of appropriation continue to interfere with the demands for justice and for the recognition of historical wrongs made both by indigenous peoples and by many developing countries. At the same time, the article suggests that these claims are undermined by the misappropriation of the postcolonial discourse with respect to restitution of cultural heritage, particularly in the intra-European context. The article advocates the need for a regime for the protection of cultural heritage that is strong enough to resist its private appropriation through the use of intellectual property rights and nuanced enough to recognise significant differences in the political context of local and national claims to cultural heritage.

Customary Norms

2019 ◽  
pp. 109-142
Author(s):  
Matthew H. Birkhold
Keyword(s):  
Eighteenth Century ◽  
Intellectual Property ◽  
Fan Fiction ◽  
Enforcement Mechanisms ◽  
The Right ◽  
Property Regime ◽  
Potential Origin

Analyzing twenty-two examples of fan fiction, Chapter 3 uncovers the unwritten customary norms that governed the production and dissemination of these works. After defining customary norms as an alternative to formal law and briefly accounting for their potential origin, this chapter analyzes each norm in detail. In all, five rules, or customary norms, governed the production of fan fiction in the eighteenth century. Together, they amounted to a customary intellectual property regime comprising rights, trespass norms, exceptions, and enforcement mechanisms. This chapter then examines an exception to the rules for publishers who held the right to publish sequels and continuations. Finally, it focuses on Nicolai’s Joys of Young Werther and Schiller’s Geisterseher as examples of the effectiveness of these mechanisms, showing how they prevented egregious departures from the customary norms.

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