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The Political Contradictions of Incremental Innovation: Lessons from Pharmaceutical Patent Examination in Brazil

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  • Kenneth C. Shadlen

    (London School of Economics and Political Science, London, UK, k.shadlen@lse.ac.uk)

Abstract

Neodevelopmental patent regimes aim to facilitate local actors’ access to knowledge and also encourage incremental innovations. The case of pharmaceutical patent examination in Brazil illustrates political contradictions between these objectives. Brazil’s patent law includes the Ministry of Health in the examination of pharmaceutical patent applications. Though widely celebrated as a health-oriented policy, the Brazilian experience has become fraught with tensions and subject to decreasing levels of both stability and enforcement. I show how one pillar of the neodevelopmental regime, the array of initiatives to encourage incremental innovations, has fostered the acquisition of innovative capabilities in the Brazilian pharmaceutical sector, and how these new capabilities have altered actors’ policy preferences and thus contributed to the erosion of the coalition in support of the other pillar of the neodevelopmental regime, the health-oriented approach to examining pharmaceutical patents. The analysis of capability-derived preference formation points to an endogenous process of coalitional change.

Suggested Citation

  • Kenneth C. Shadlen, 2011. "The Political Contradictions of Incremental Innovation: Lessons from Pharmaceutical Patent Examination in Brazil," Politics & Society, , vol. 39(2), pages 143-174, June.
  • Handle: RePEc:sae:polsoc:v:39:y:2011:i:2:p:143-174
    DOI: 10.1177/0032329211402601
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    References listed on IDEAS

    as
    1. G. M.P. Swann, 2009. "The Economics of Innovation," Books, Edward Elgar Publishing, number 13211.
    2. Ryan, Michael P., 2010. "Patent Incentives, Technology Markets, and Public-Private Bio-Medical Innovation Networks in Brazil," World Development, Elsevier, vol. 38(8), pages 1082-1093, August.
    3. Sisule F. Musungu, 2008. "The Use of Flexibilities in TRIPS by Developing Countries: Can They Promot Access to Medicines?," Working Papers id:1649, eSocialSciences.
    4. Carlos H. de Brito Cruz & Luiz de Mello, 2006. "Boosting Innovation Performance in Brazil," OECD Economics Department Working Papers 532, OECD Publishing.
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    Cited by:

    1. Sampat, Bhaven N. & Shadlen, Kenneth C., 2017. "Secondary pharmaceutical patenting: A global perspective," Research Policy, Elsevier, vol. 46(3), pages 693-707.

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