The Patent-Competition Interface in Developing Countries

The Patent-Competition Interface in Developing Countries
Author: Thomas K. Cheng
Publisher: Oxford University Press
Total Pages: 545
Release: 2021-12-16
Genre: Law
ISBN: 0192671766

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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.

The State of Patenting at Research Institutions in Developing Countries: Policy Approaches and Practices

The State of Patenting at Research Institutions in Developing Countries: Policy Approaches and Practices
Author: Pluvia Zuniga
Publisher: WIPO
Total Pages: 96
Release: 2011
Genre: Law
ISBN:

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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.

Guide for Developing Countries on the Examination of Patent Applications

Guide for Developing Countries on the Examination of Patent Applications
Author: World Intellectual Property Organization
Publisher: WIPO
Total Pages: 65
Release: 2016-07-11
Genre: Law
ISBN: 9280500821

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This guide is published as part of the work of the WIPO Permanent Committee for Development Cooperation Related to Industrial Property. Its purpose is to assist the competent officials of the industrial property offices of developing countries in the examination of patent applications.

Competition Law, Technology Transfer and the TRIPS Agreement

Competition Law, Technology Transfer and the TRIPS Agreement
Author: Tu Thanh Nguyen
Publisher: Edward Elgar Publishing
Total Pages: 361
Release: 2010-01-01
Genre: Law
ISBN: 184980544X

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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.

The Importance of the Patent System to Developing Countries

The Importance of the Patent System to Developing Countries
Author: World Intellectual Property Organization
Publisher: WIPO
Total Pages: 349
Release: 2016-07-26
Genre: Law
ISBN:

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The present volume contains the texts of 22 lectures prepared for the WIPO World Symposium on the Importance of the Patent System to Developing Countries. It also contains the texts of the two opening and the two closing addresses.

Notes on Patents, Distortions, and Development

Notes on Patents, Distortions, and Development
Author: Julio J. Nogués
Publisher: World Bank Publications
Total Pages: 35
Release: 1990
Genre: Patentes
ISBN: 9609281826

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What are the economics of patents? What problems arise in implementing a patent system? How much do distortions in developing countries affect the benefits and costs of a patent system? And what are the policies that would increase the likelihood of patents benefiting a developing country?

Patent Exhaustion and International Trade Regulation

Patent Exhaustion and International Trade Regulation
Author: Santanu Mukherjee
Publisher: BRILL
Total Pages: 351
Release: 2023-03-13
Genre: Law
ISBN: 9004542817

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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.

Patently Outdated

Patently Outdated
Author: Nuno Pires de Carvalho
Publisher: Kluwer Law International B.V.
Total Pages: 357
Release: 2012-04-05
Genre: Law
ISBN: 9041141995

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An economy of services largely dominates our world today, but no patent system is available to support it. All signs point increasingly to evidence that in almost all countries—and as enshrined in the TRIPS Agreement—patent rules and procedures are seriously handicapped in their incapacity to respond to current economic reality. Many inventions today are made without any materiality, yet they are nonetheless genuine inventions, such as those that arise from the banking, insurance and business consulting industries. Today’s patent system remains deeply linked to the making of things with human hands. It must evolve and adapt so that the new economy can also benefit from its advantages. This book is about that adaptation—which will come, or, rather, as the author shows, has slowly started to come. By describing details and historical events that shed light on how patent law has evolved from the pre-industrial to the industrial economy, the book manifests the need for a further evolution of patents to the post-industrial economy.

TRIPS Compliance, National Patent Regimes and Innovation

TRIPS Compliance, National Patent Regimes and Innovation
Author: Sunil Mani
Publisher: Edward Elgar Publishing
Total Pages: 253
Release: 2013-12-27
Genre: Law
ISBN: 1782549471

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With respect to intellectual property regimes, a significant change in international governance rules is mandated by the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS). This topical volume deals with the processes th