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Author: Franco Cugno
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
A common argument against compulsory licensing of intellectual property maintains that it facilitates the entry of inefficient producers, which may reduce social welfare independently of any effects on R&D incentives. We study the issue in a model where the innovative firm, under the threat of compulsory licensing, reacts strategically by choosing between quantity and price competition. We show that the risk of a reduction in static welfare due to the entry of highly inefficient firms is avoided if licensing entails a royalty per unit of output and no fixed fees. The rationale behind this result lies in the fact that compulsory licensing threat works as a disciplining device to improve static social welfare, even when the applicant is a high cost inefficient firm.
Author: Franco Cugno
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
A common argument against compulsory licensing of intellectual property maintains that it facilitates the entry of inefficient producers, which may reduce social welfare independently of any effects on R&D incentives. We study the issue in a model where the innovative firm, under the threat of compulsory licensing, reacts strategically by choosing between quantity and price competition. We show that the risk of a reduction in static welfare due to the entry of highly inefficient firms is avoided if licensing entails a royalty per unit of output and no fixed fees. The rationale behind this result lies in the fact that compulsory licensing threat works as a disciplining device to improve static social welfare, even when the applicant is a high cost inefficient firm.
Author: Reto M. Hilty
Publisher: Springer
ISBN: 3642547044
Category : Law
Languages : en
Pages : 450
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Book Description
Under the auspices of the Max Planck Institute for Intellectual Property and Competition Law (now the Max Planck Institute for Innovation and Competition). And Institutum Iurisprudentiae, Academia Sinica, a group of twenty scholars from around the world gathered to study the experiences made with regards to compulsory licensing. The results are demonstrated in this book. Different articles analyze how the international conventions on intellectual property may be interpreted and explore the related doctrinal groundwork surrounding compulsory patent licensing and beyond. It is shown how the compulsory licensing regime could be transformed into a truly workable mechanism facilitating the speedy use and dissemination of innovation and other subject matters of protection.
Author: Inge Kaul
Publisher: Oxford University Press
ISBN: 9780198035770
Category : Business & Economics
Languages : en
Pages : 674
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Book Description
Elaborating on the concepts first introduced in Global Public Goods, this book addresses the long overdue issue of how to adjust the concept of public goods to today's economic and political realities. The production of global public goods requires the orchestration of initiatives by a large number of diverse actors across different levels and sectors. It may require the collaboration of governments, business and civil society, and in most cases it almost certainly calls for an effective linkage of the local, national, regional, and global levels. In light of today's new realities, this book examines a series of managerial and political challenges that pertain to the design and implementation of production strategies and the monitoring and evaluation of global public goods provision.As participatory decision-making enhances the political support for - and thus the effectiveness of - certain policy decisions, this volume offers suggestions on a number of pragmatic policy reforms for bringing the global public more into public policy making on global issues. Nine case studies examine the importance of the global public good concept from the viewpoint of developing countries, exploring how and where the concerns of the poor and the rich overlap.Providing Global Public Goods offers important and timely suggestions on how to move in a more feasible and systematic way towards a fairer process of globalization that works in the interests of all.
Author: Cristiano Antonelli
Publisher: Routledge
ISBN: 1136178643
Category : Business & Economics
Languages : en
Pages : 249
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Book Description
The Routledge Handbook of the Economics of Knowledge provides a comprehensive framework to integrate the advancements over the last 20 years in the analysis of technological knowledge as an economic good, and in the static and dynamic characteristics of its generation process. There is a growing consensus in the field of economics that knowledge, technological knowledge in particular, is one of the most relevant resources of wealth, yet it is one of the most difficult and complex activities to understand or even to conceptualize. The economics of knowledge is an emerging field that explores the generation, exploitation, and dissemination of technological knowledge. Technological knowledge cannot any longer be regarded as a homogenous good that stems from standardized generation processes. Quite the opposite, technological knowledge appears more and more to be a basket of heterogeneous items, resources, and even experiences. All of these sources, which are both internal and external to the firm, are complementary, as is the interplay between a bottom-up and top-down generation processes. In this context, the interactions between the public research system, private research laboratories, and various networks of learning processes, within and among firms, play a major role in the creation of technological knowledge. In this Handbook special attention is given to the relationship among technological knowledge and both upstream scientific knowledge and related downstream resources. By addressing the antecedents and consequences of technological knowledge from both an upstream and downstream perspective, this Handbook will become an indispensable tool for scholars and practitioners aiming to master the generation and the use of technological knowledge.
Author: Milind Vinayak Sathe
Publisher:
ISBN: 9788192120447
Category : Compulsory licensing of patents
Languages : en
Pages : 442
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Book Description
Author: Keith E. Maskus
Publisher: Cambridge University Press
ISBN: 9781139444330
Category : Law
Languages : en
Pages : 952
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Book Description
Distinguished economists, political scientists, and legal experts discuss the implications of the increasingly globalized protection of intellectual property rights for the ability of countries to provide their citizens with such important public goods as basic research, education, public health, and environmental protection. Such items increasingly depend on the exercise of private rights over technical inputs and information goods, which could usher in a brave new world of accelerating technological innovation. However, higher and more harmonized levels of international intellectual property rights could also throw up high roadblocks in the path of follow-on innovation, competition and the attainment of social objectives. It is at best unclear who represents the public interest in negotiating forums dominated by powerful knowledge cartels. This is the first book to assess the public processes and inputs that an emerging transnational system of innovation will need to promote technical progress, economic growth and welfare for all participants.
Author: Carlos Correa
Publisher: Oxford University Press
ISBN: 0191017000
Category : Law
Languages : en
Pages : 660
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Book Description
The TRIPS Agreement is the most comprehensive and influential international treaty on intellectual property rights. It brings intellectual property rules into the framework of the World Trade Organization, obliging all WTO Member States to meet minimum standards of intellectual property protection and enforcement. This has required massive changes in some national laws, particularly in developing countries. This volume provides a detailed legal analysis of the provisions of the TRIPS Agreement, as well as elements to consider their economic implications in different legal and socio-economic contexts. This book provides an in depth analysis of the principles and of the substantive and enforcement provisions of the TRIPS Agreement, the most influential international treaty on intellectual property currently in force. It discusses the legal context in which the Agreement was negotiated, the objectives of their proponents and the nature of the obligations it created for the members of the World Trade Organization. In particular, it examines the minimum standards that must be implemented with regard to patents, trademarks, industrial designs, geographical indications, copyright and related rights, integrated circuits, trade-secrets and test data for pharmaceutical and agrochemical products. Trade Related Aspects of Intellectual Property Rights: A Commentary on the TRIPS Agreement elaborates on the interpretation of provisions contained in said Agreement, in the light of the customary principles for the interpretation of international law. The analysis -which is supported by a review of the relevant GATT and WTO jurisprudence- identifies the policy space left to such members to implement their obligations in accordance with their own legal systems and public policy objectives, including in respect of complex issues such as patentability criteria, compulsory licenses, exceptions and limitations to copyright, border measures, injunctive relief and the protection of test data under the discipline of unfair competition.
Author: Thomas K. Cheng
Publisher: Oxford University Press
ISBN: 0192857355
Category : Law
Languages : en
Pages : 545
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Book Description
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.
Author: Simon Brinsmead
Publisher: Cambridge University Press
ISBN: 1108843018
Category : Business & Economics
Languages : en
Pages : 427
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Book Description
Proposes a new expert-led international instrument to address access to essential technical standards.
Author: Eirik Østerud
Publisher: Kluwer Law International B.V.
ISBN: 9041142509
Category : Law
Languages : en
Pages : 370
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Book Description
Under Article 102 TFEU, dominant firms are allowed to compete, but only to the extent their market behaviour does not constitute an abuse. Needless to say, the wording of the article neither explains what an abusive restriction of competition is nor how such a practice can be identified. Rather than developing a one-size-fits-all test applicable to all forms of market behaviour by dominant firms, the European Court of Justice (ECJ) and the General Court (ex; Court of First Instance) have set out a system of tests for separate categories of conduct. Drawing on the full range of the EU Courts’ relevant case law, this very useful book analyses the conditions that must be fulfilled for a broad range of business practices to be deemed abusive within the meaning of Article 102 TFEU, and also identifies the criteria that must be fulfilled for a practice to be ‘objectively justified’. The potentially abusive practices studied here (as defined in the relevant case law) include the following: predatory pricing; margin squeezing; exclusivity agreements; loyalty rebates; refusals to supply to induce exclusivity; secondary line price discrimination; vexatious litigation; acquisitions of intellectual property rights (IPRs); refusals to supply necessary inputs; provision of storage equipment on the condition of exclusive use; selective above-cost price cuts; tying; technological integration; and refusal to license IPRs. The author also contrasts the Commission’s decisional practice with the case law, assesses approaches under U.S. antitrust law to similar forms of conduct, and incorporates insights from economic theory. This study greatly enhances our understanding of the distinction between abusive conduct and lawful competition. In the course of its clarification of the EU Courts’ responses to individual forms of market behaviour, an overall approach to the identification of exclusionary abuses under Article 102 TFEU begins to come into view. Apart from the important new synthesis the work offers legal scholars, there can be little doubt this book will prove a valuable asset and even an inspiration to competition lawyers.
