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India, Brazil, and public health: Rule‐making through south–south diffusion in the intellectual property rights regime?

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  • Omar Ramon Serrano Oswald
  • Mira Burri

Abstract

This article analyzes the domestic drivers of regulatory state formation in India and Brazil and its consequences for the global rules governing pharmaceutical patents. We first analyze Indian and Brazilian politics of regulatory state formation; then, in light of the extent to which the two countries have built regulatory capacity and capability in the field of patent regulation, we explore whether and how they have been able to influence the existing intellectual property regime in health. We look into India's Section 3(d) and Brazil's prior consent requirement. Whereas India's Section 3(d) regulation has gained international regulatory influence by diffusing to other developing countries, the same cannot be said for Brazil's prior consent regulation, which has been caught by policy‐reversals. The transition toward regulatory states in emerging countries is a bulky road and does not progress in linear ways. However, once regulatory capacity and capability have been solidified, domestic policy innovations can become internationally influential.

Suggested Citation

  • Omar Ramon Serrano Oswald & Mira Burri, 2021. "India, Brazil, and public health: Rule‐making through south–south diffusion in the intellectual property rights regime?," Regulation & Governance, John Wiley & Sons, vol. 15(3), pages 616-633, July.
    • Handle: RePEc:wly:reggov:v:15:y:2021:i:3:p:616-633
    DOI: 10.1111/rego.12355
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    References listed on IDEAS

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    Cited by:

    1. Yang, Zaoli & Wu, Qingyang & Venkatachalam, K. & Li, Yuchen & Xu, Bing & Trojovský, Pavel, 2022. "Topic identification and sentiment trends in Weibo and WeChat content related to intellectual property in China," Technological Forecasting and Social Change, Elsevier, vol. 184(C).

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