Intellectual Property

To mark the 2021 International Women’s Day themed #Choose to Challenge, Afronomicslaw.org celebrates Professsor Olufunmilayo Arewa’s brilliant contributions to Transactional Law and Intellectual Property Law. Murray H. Shusterman Professor of Transactional and Business Law at Temple University Beasely School of Law, Professor Arewa has worked as a consultant on various projects, including engagements relating to education and scientific and technological capacity in Africa. She was also the lead consultant on a project examining the feasibility of establishing a venture capital fund in the Eastern Caribbean.

To mark the 2021 International Women’s Day themed #Choose to Challenge, Afronomicslaw.org celebrates Professor Abbe Brown’s brilliant contributions to Intellectual Property Law. Professor Brown is the Dean for Student Support at the University of Aberdeen, Vice Chair of BILETA (British and Irish Law Education and Technology Association) and Member of a high-level expert working group on genome editing and patents.

The ANRC's volume on 'Rethinking Land Reforms in Africa: new ideas, opportunities and challenges' delivers what it promises: a diverse and stimulating compilation of perspectives over the relationship between land and the socio-economic conditions of people in Sub Saharan Africa. Its main merits are the reclamation of the political nature of land, the combination of academic and non-academic contributors who break with the monotone and hyper-specialized vocabulary that tend to monopolize conversations around land reforms, and the variety of topics and perspectives (including in disagreement).

The current century's threat to communities, including climate change and vast and deepening inequalities, may be aggravated by the Agreement. By limiting the power of governments to govern in the interests of the community and the environment, and bolstering a regulatory framework intended to advance the interest of multi-national corporations and only the wealthiest people, trade and investment agreements deepen issues of human rights. The RCEP may, as a consequence, advertently exclude marginalised groups, including women, indigenous peoples, migrants and essentially those without any capital or political power. 

By highlighting the governance practices that enabled India and Brazil to circumvent and minimize the oppressive TRIPS regime, Vanni offers a critical perspective with key implications for scholarly work on the politics of intellectual property in marginalized contexts. Her emphasis on local approaches to law-making is certainly instructive for the interdisciplinary literature on intellectual property that tends to focus on foreign appropriation of traditional knowledge and illegal efforts such as piracy and counterfeit production to subvert the international regime.

Amaka Vanni already proffered answers to the foregoing nagging questions, and more, albeit within the broad conversation around pharmaceutical patent and access to essential medicines and health technology in the Global South. She undertook this task in her well-researched and exceptionally captivating monograph: Patent Games in the Global South: Pharmaceutical Patent Law Making in Brazil, India and Nigeria (Hart Publishing 2020). In the book, structured into 7 strong chapters, she critically unpacks, engages and beautifully links the role of states and non-states actors in international patent law-making with the realities of patent legislation and policy formulation, as well as pharmaceutical innovation and R&D in Brazil, India and Nigeria. 

This chapter, like much of the book, is exceptionally well researched, and brings seemingly unconnected developments neatly within the overarching narrative mentioned above. The author’s focus on how international law affects the ‘mundane’ everyday life, and vice versa, allows (or perhaps requires) her to examine much more than just the oft over-discussed ‘hot topics’ (i.e., compulsory licenses and patentability criteria) of the Indian pharma-patent landscape.

In light of the current global health crisis caused by COVID-19 pandemic and the attendant discussions on the importance of pharmaceutical patents to our daily existence, the analyses in this book (and the symposium) performs an important function in documenting the role of different sets of actors and their influences on the domestic implementation of global patent rules, access to medicines, and how these (in)actions led us to where we are today.

Returning to a global vision of the analyzed matter, it should be noticed that in its long path to becoming an OECD member, Peru closely follows the discussion progress towards a global solution to tax challenges arising from digitalization. Nevertheless, Peru has not stablished yet unilateral tax measures to levy high digitalized services especially in the context of B2C services, but the intention is present according to a later comment.

This webinar was a collaboration between Afronomicslaw and the South Centre, Geneva, to mark the 25th anniversary of the South Centre. Both the South Centre and Afronomicslaw share a commitment to discuss the protection and promotion of the development interests of countries of the Global South.