The political economy of the intellectual property rights regime : Aids and the generic medicine debate in South Africa

[摘要] ENGLISH ABSTRACT:This thesis is a descriptive and interpretive study into the political economy of intellectualproperty rights, the conceptual and practical implications for the phenomenon of globalgovernance, and how developing countries experience problems with the implementationof national policies that infringe on international intellectual property rights. The specificarea of interest is the generic medicine debate that ensued in South Africa after thealleged violation of patent rights of anti-HIV/Aids drugs by the Department of Health.The research question that is addressed is to what extent has the existing internationalintellectual property rights regime been influenced and/or undermined by South Africa'sintended application of WTO regulations in terms of compulsory licensing and parallelimports of essential medicines. In doing so, the paper examines the roles of theimportant states, international organisations, institutions, and private sector firms withinthe sphere ofthe political economy of intellectual property and how they impede upon orimprove the functioning of the intellectual property rights regime.The methodology entails analytical inquiries into documentary evidence on the nature ofthe international intellectual property rights regime. Areas that are examined are theagendas of the important actors, namely states and their respective departments;individuals and firms; and international organisations. The concept of intellectualproperty is examined to determine its dynamic role within the generic medicine debate.The thesis concludes that the agendas of pharmaceutical firms and states are exploitingcurrent political stalemates in the negotiations for a fair intellectual property rightsregime. National health agencies, and specifically the South African Department ofHealth, are under enormous pressure to provide affordable health services. Specifically,the US Government and US pharmaceutical firms are dominating discussions on thearchitecture of the international intellectual property law regime. By using an analysisincorporating systemic, domestic interest, institutional, and ideational perspectives, it isargued that South Africa's drive for a more distributive intellectual property rights regimehas placed the issue of health, Aids and generic medicine firmly within the sphere of thepolitical economy of trade agreements.

[发布机构] Stellenbosch University