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2006

Comparative and Foreign Law

University of Pittsburgh School of Law Working Paper Series

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The Tiger Awakens: The Tumultuous Transformation Of India’S Patent System And The Rise Of Indian Pharmaceutical Innovation, Janice M. Mueller Aug 2006

The Tiger Awakens: The Tumultuous Transformation Of India’S Patent System And The Rise Of Indian Pharmaceutical Innovation, Janice M. Mueller

University of Pittsburgh School of Law Working Paper Series

India developed a world-class generic drug manufacturing industry by excluding pharmaceutical products from patent protection in 1972. In 2005, India reintroduced pharmaceutical patenting in order to comply with its obligations as a WTO member. For an emerging superpower still mired in poverty and public health crises, the change did not come quickly or without controversy. This Article provides the first major comparative analysis of India’s new patents regime. Based on the author’s data gathering and interviews in India, the Article evaluates the regime’s first eighteen months. It critiques the new law and the capacity of India’s ...


The Politics Of Memory/Errinerungspolitik And The Use And Propriety Of Law In The Process Of Memory Construction, Vivian Grosswald Curran Aug 2006

The Politics Of Memory/Errinerungspolitik And The Use And Propriety Of Law In The Process Of Memory Construction, Vivian Grosswald Curran

University of Pittsburgh School of Law Working Paper Series

The post-Second World War trial for the crime against humanity from the start assumed pedagogical proportions, with the tribunals involved conscious that their legal verdicts would represent historical pronouncement and national values. The newly defined crime has been asked to institutionalize far more than the traditional task of adjudicating the guilt or innocence of the defendant. The trials themselves are meant to define the past, create and crystallize national memory, and illuminate the foundations of the future. I suggest that, by placing a burden on law that it is not designed to bear, we risk deforming law and legal principle ...