Monday, May 24, 2010

Call for Papers

A conference on 'Law and Culture: Meaningful Legal Pluralism in the Pacific and Beyond' will be hosted by the USP School of Law, Emalus Campus in Port Vila, Vanuatu from 30 August-1 September 2010.

Sounds like an adventure! For more info go to the conference website

Thursday, May 20, 2010

New Article in Law and Development Review

A critical view on TRIPs, Patents and Medical Access...

M., Gopakumar K. (2010) "Product Patents and Access to Medicines in India: A Critical Review of the Implementation of TRIPS Patent Regime," The Law and Development Review: Vol. 3 : No. 2, Article 11.

In 2005, India amended its Patents Act, 1970 to introduce TRIPS compliant product patent regime. Generally speaking, law and policy makers in India during the time of the amendment were confronted with two major concerns viz. the future of the Indian pharmaceutical industry and access to affordable medicines in India and other developing countries. To address these concerns India along with many other developing countries attempted to incorporate TRIPS flexibilities in their domestic law. However, the success of the TRIPS flexibilities in addressing the question of access to affordable medicines mainly depends on three factors: a) the incorporation of flexibilities in the domestic law; b) the manufacturing capability of a country; and c) the political will to use the public interest safeguards provided in the domestic law. There are only a few countries like India, which satisfy the above-mentioned conditions to a certain extent. This article examines whether these premises hold true after five years into the implementation of the TRIPS compliant patent system in India. In this context the paper identifies and analyzes the legal, policy and institutional challenges that India is currently facing in the implementation of TRIPS flexibilities. It also identifies the main legal, policy and institutional disconnect in the implementation of TRIPS flexibilities in India. It argues that to effectively use TRIPS flexibilities to address access to affordable medicines require changes in three areas viz. law, policy and institutions. It clearly shows that mere incorporation of TRIPS flexibilities in the domestic legislation alone is not enough and the domestic legislation needs to be complemented with policy and institutional framework.

Sunday, May 9, 2010

Law and Development Review: Spexial Issue - New Voices from Emerging Powers - Brazil and India

This symposium looks interesting. I write looks because I am still grading finals so I do not have time to read it yet.

Law and Development review
Volume 3, Number 2 (2010)
Special Issue (2010): New Voices from Emerging Powers - Brazil and India

Bhupinder Chimni and David Trubek

Linking Promises to Policies: Law and Development in an Unequal Brazil5
Diogo R. Coutinho

The Persistence of Formalism: Towards a Situated Critique beyond the Classic Separation of Powers7
Jose R. Rodriguez

Development Bank, Law and Innovation Financing in a New Brazilian Economy9
Mario Schapiro

John Rawls' Justice as Fairness and the WTO: A Critical Analysis on the Initial Position of the Multilateral Agricultural Negotiation11
Rafael Rosa Cedro and Bruno Furtado Vieira

Turning Trips on Its Head: An "IP Cross Retaliation" Model for Developing Countries13
Shamnad Basheer

Exceptions and Limitations in Indian Copyright Law for Education: An Assessment15
Lawrence Liang

The Indian Competition Act: A Historical and Developmental Perspective17
Shiju Varghese Mazhuvanchery

Transit and Trade Barriers in South Asia: Multilateral Obligations and Development Perspective19
Prabir De

Stock Market and Shareholder Protection: Are They Important for Economic Growth?21
Francis Xavier Rathinam and A. V. Raja

Tuesday, May 4, 2010

Designing Antitrust Agencies for More Effective Outcomes: What Antitrust Can Learn From Restaurant Guides

I have a new essay in which I propose a user guide to measure effectiveness of regulatory agencies. The essay is Designing Antitrust Agencies for More Effective Outcomes: What Antitrust Can Learn From Restaurant Guides.

Antitrust policy should be concerned with the quality and effectiveness of the antitrust system. Some efforts at agency effectiveness include self-study of antitrust agencies to determine the factors that lead to improving agency quality. Such studies, however, often focus only on enforcement decisions and other agency initiatives such as competition advocacy. They do not reflect at least one other part of the equation: what do non-government users of the antitrust system think about the quality of antitrust agencies? This Symposium Essay advocates the use of a ratings guide by antitrust practitioners for antitrust agencies to add to the tools in which to measure agency effectiveness for both mature and emerging antitrust agencies.