The Patent Competition Interface In Developing Countries
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The Patent Competition Interface In Developing Countries
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Author : Thomas K. Cheng
language : en
Publisher: Oxford University Press
Release Date : 2022-01-15
The Patent Competition Interface In Developing Countries written by Thomas K. Cheng and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-01-15 with Law categories.
This book proposes an approach to the patent-competition interface for developing countries. It puts forward a theoretical framework after canvassing relevant policy considerations and examines the many reasons why patent protection is not essential for generating innovation incentives in developing countries. These include the tendency of the patent system to overcompensate innovators, the availability of other appropriation mechanisms for innovators to monetize their innovations, and the lack of appropriate technological capacity in many developing countries to take advantage of the incentives generated by the patent system. It also argues that developing countries with a small population need not pay heed to the impact of their patent system on the incentives of foreign innovators. It then proposes a classification of developing countries into production countries, technology adaptation countries, and proto-innovation countries and argues that dynamic efficiency considerations take on different meanings for developing countries depending on their technological capacities. For the vast majority of developing countries bereft of meaningful innovation capacity, foreign technology transfer is the main vehicle for technological progress. The chief dynamic policy consideration for these countries is hence incentives for technology transfer instead of innovation incentives. There are three main means of voluntary technology transfer: importation of technological goods, foreign direct investment, and technology licensing. Competition law regulation of patent exploitation practices interacts with these three means of technology transfer in different ways and an appropriate approach to the patent-competition interface for these countries needs to take these into account. Distilling all these considerations, the book proposes a development stage-specific approach to the patent-competition interface for developing countries. The approach is then applied to a number of patent exploitation practices, including unilateral refusal to deal, patent tying, excessive pricing for pharmaceuticals, reverse payment settlements, and restrictive licensing practices.
Competition Law Technology Transfer And The Trips Agreement
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Author : Tu Thanh Nguyen
language : en
Publisher: Edward Elgar Publishing
Release Date : 2010-01-01
Competition Law Technology Transfer And The Trips Agreement written by Tu Thanh Nguyen and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-01-01 with Law categories.
The book deals with a difficult subject with an assured touch and will be a valuable text for postgraduate students, policy-makers and practitioners. European Intellectual Property Review This is the first ever book that addresses the important issue of the competition law, intellectual property and trade interface in a developing world context. The book s unique contribution is a set of comparative case studies on this complex interface. D. Daniel Sokol, University of Florida Levin College of Law, US The book investigates competition law and international technology transfer in the light of the TRIPS Agreement and the experience of both developed and developing countries. On that basis, it draws relevant implications for developing countries. Tu Thanh Nguyen argues that technology transfer-related competition law should be glocalized appropriately for the needs of local contexts, while intellectual property rights (IPR) are globalized. The book reveals that developing countries, according to the TRIPS Agreement, have the right to use domestic competition law to promote access to technology in order to protect national interests and consumer welfare. However, competition law is antitrust. It is neither anti-IPR nor anti-trade. The author finds that developing countries with limited competition law resources should set realistic priorities for the control of technology transfer-related anti-competitive practices. They can reasonably apply and adapt relevant regulations, decisions and judgments from developed country jurisdictions to their own circumstances. Competition Law, Technology Transfer and the TRIPs Agreement is a timely resource for postgraduate students, practitioners, and scholars in international competition law, IPR, and technology transfer. Policymakers in the field of technology transfer-related competition law/policy, especially in developing countries, will also find this book invaluable.
Patent Exhaustion And International Trade Regulation
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Author : Santanu Mukherjee
language : en
Publisher: BRILL
Release Date : 2023-03-13
Patent Exhaustion And International Trade Regulation written by Santanu Mukherjee and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-03-13 with Law categories.
This book dives into the legal and economic rationale of patent exhaustion, studying its evolution from the beginning in Germany, UK and USA, to Japan and 10 developing countries. The author also analyses exhaustion under TRIPS, GATT, GATS and major regional agreements, including the EU, before assessing the interface of patent exhaustion with competition policy. The book also addresses public policy concerns of Least developed and developing countries linked to their IPR challenges as IP users. It concludes that an appropriate exhaustion mode under relevant legal measures would protect patents while also restraining patents to become non-tariff barriers. The open access publication of this book has been published with the support of the Swiss National Science Foundation.
Competition Law And Development
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Author : D. Daniel Sokol
language : en
Publisher: Stanford University Press
Release Date : 2013-09-11
Competition Law And Development written by D. Daniel Sokol and has been published by Stanford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-09-11 with Law categories.
The vast majority of the countries in the world are developing countries—there are only thirty-four OECD (Organisation for Economic Co-operation and Development) countries—and yet there is a serious dearth of attention to developing countries in the international and comparative law scholarship, which has been preoccupied with the United States and the European Union. Competition Law and Development investigates whether or not the competition law and policy transplanted from Europe and the United States can be successfully implemented in the developing world or whether the developing-world experience suggests a need for a different analytical framework. The political and economic environment of developing countries often differs significantly from that of developed countries in ways that may have serious implications for competition law enforcement. The need to devote greater attention to developing countries is also justified by the changing global economic reality in which developing countries—especially China, India, and Brazil—have emerged as economic powerhouses. Together with Russia, the so-called BRIC countries have accounted for thirty percent of global economic growth since the term was coined in 2001. In this sense, developing countries deserve more attention not because of any justifiable differences from developed countries in competition law enforcement, either in theoretical or practical terms, but because of their sheer economic heft. This book, the second in the Global Competition Law and Economics series, provides a number of viewpoints of what competition law and policy mean both in theory and practice in a development context.
Knowledge Diplomacy
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Author : Michael Patrick Ryan
language : en
Publisher: Brookings Institution Press
Release Date : 1998
Knowledge Diplomacy written by Michael Patrick Ryan and has been published by Brookings Institution Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Law categories.
With the pervasiveness of the information revolution, the preservation of intellectual property rights through patents, copyrights, and trademarks has become far more difficult. In this book, Michael Ryan explains the issues, politics, and diplomacy of balancing intellectual property rights with the public's right of access.
The State Of Patenting At Research Institutions In Developing Countries Policy Approaches And Practices
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Author : Pluvia Zuniga
language : en
Publisher: WIPO
Release Date : 2011
The State Of Patenting At Research Institutions In Developing Countries Policy Approaches And Practices written by Pluvia Zuniga and has been published by WIPO this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Law categories.
This study discusses the opportunities and challenges offered by patents to foster technology transfer from government funded research institutions in developing countries. It presents a review of policy frameworks and recent policy changes aimed to foster academic patenting and technology transfer in low- and middle-income countries. It then analyzes patenting activities by universities and public research organizations and compares these trends with respect to high-income countries. This analysis is complemented with an assessment of the current state of patenting and technology commercialization practices in a selected group of technology transfer offices.
Patent Rights In Pharmaceuticals In Developing Countries
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Author : Jakkrit Kuanpoth
language : en
Publisher: Edward Elgar Publishing
Release Date : 2010-01-01
Patent Rights In Pharmaceuticals In Developing Countries written by Jakkrit Kuanpoth and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-01-01 with Medical categories.
The book engages with a broad range of new case studies, providing a detailed examination of options for the resolution of access-to-medicine issues at global, national and local levels. In addition, the book reflects the significant progress in international and national patent law and in international policy-making in this area.
Patent And Trade Disparities In Developing Countries
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Author : Srividhya Ragavan
language : en
Publisher: Oxford University Press
Release Date : 2012-08-17
Patent And Trade Disparities In Developing Countries written by Srividhya Ragavan and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-08-17 with Law categories.
In Patent and Trade Disparities in Developing Countries, Srividhya Ragavan examines the interaction between trade and intellectual property regimes (using the patent regime in India as the focal point) in an integrated developmental framework to determine how sustainable economic growth can be achieved in developing countries.
Examining The Interface Between The Objectives Of Competition Policy And Intellectual Property
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Author : United Nations Conference on Trade and Development. Trade and Development Board
language : en
Publisher:
Release Date : 2016
Examining The Interface Between The Objectives Of Competition Policy And Intellectual Property written by United Nations Conference on Trade and Development. Trade and Development Board and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Consumer protection categories.
Multi Dimensional Approaches Towards New Technology
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Author : Ashish Bharadwaj
language : en
Publisher: Springer
Release Date : 2018-07-23
Multi Dimensional Approaches Towards New Technology written by Ashish Bharadwaj and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-07-23 with Law categories.
This open access edited book captures the complexities and conflicts arising at the interface of intellectual property rights (IPR) and competition law. To do so, it discusses four specific themes: (a) policies governing functioning of standard setting organizations (SSOs), transparency and incentivising future innovation; (b) issue of royalties for standard essential patents (SEPs) and related disputes; (c) due process principles, procedural fairness and best practices in competition law; and (d) coherence of patent policies and consonance with competition law to support innovation in new technologies. Many countries have formulated policies and re-oriented their economies to foster technological innovation as it is seen as a major source of economic growth. At the same time, there have been tensions between patent laws and competition laws, despite the fact that both are intended to enhance consumer welfare. In this regard, licensing of SEPs has been debated extensively, although in most instances, innovators and implementers successfully negotiate licensing of SEPs. However, there have been instances where disagreements on royalty base and royalty rates, terms of licensing, bundling of patents in licenses, pooling of licenses have arisen, and this has resulted in a surge of litigation in various jurisdictions and also drawn the attention of competition/anti-trust regulators. Further, a lingering lack of consensus among scholars, industry experts and regulators regarding solutions and techniques that are apposite in these matters across jurisdictions has added to the confusion. This book looks at the processes adopted by the competition/anti-trust regulators to apply the principles of due process and procedural fairness in investigating abuse of dominance cases against innovators.