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Author : Keith Eugene Maskus
Publisher : Peterson Institute
Page : 296 pages
File Size : 40,8 Mb
Release : 2000
Category : Intellectual property
ISBN : 088132597X
Author : Shubham Chaudhuri,Pinelopi K. Goldberg,Panle Jia
Publisher : Unknown
Page : 66 pages
File Size : 45,7 Mb
Release : 2003
Category : Developing countries
ISBN : UCSD:31822028294494
Under the TRIPS agreement, WTO members are required to enforce product patents for pharmaceuticals. The debate about the merits of this requirement has been and continues to be extremely contentious. Many poor developing economies claim that patent protection for pharmaceuticals will result in substantially higher prices for medicines, with adverse consequences for the health and well-being of their citizens. On the other hand, research-based global pharmaceutical companies, which claim to have lost billions of dollars because of patent infringement, argue that prices are unlikely to rise significantly because most patented products have therapeutic substitutes. In this paper we empirically investigate the basis of these claims. Central to the ongoing debate is the structure of demand for pharmaceuticals in poor economies where, because health insurance coverage is so rare, almost all medical expense are met out-of-pocket. Using a product-level data set from India, which is unique in terms of its detail and coverage, we estimate key price and expenditure elasticities and supply-side parameters for the fluoroquinolones sub-segment of the systemic anti-bacterials (i.e., antibiotics) segment of the Indian pharmaceuticals market. We then use these estimates to carry out counterfactual simulations of what prices, profits (of both domestic firms and multinational subsidiaries) and consumer welfare would have been, had the fluoroquinolone molecules we study been under patent in India as they were in the U.S. at the time. Our results suggest that concerns about the potential adverse welfare effects of TRIPS may have some basis. We estimate that - in the absence of any price regulation or compulsory licensing - the total annual welfare losses to the Indian economy from the withdrawal of the four domestic product groups in the fluoroquinolone sub-segment would be on the order of U.S. $713 million, or about 118% of the sales of the entire systemic anti-bacter.
Author : Carlos Alberto Primo Braga,Carsten Fink,Claudia Paz Sepulveda
Publisher : World Bank Publications
Page : 80 pages
File Size : 55,6 Mb
Release : 2000
Category : Law
ISBN : 082134708X
Over the course of history, different legal instruments for protecting intellectual property have emerged. These instruments differ in their subject matter, extent of protection, and field of application, reflecting society's objective to balance the interests of creators and consumers for different types of intellectual works. These legal instruments are just one of the pieces that form a national system of intellectual property protection. Also crucial to the system's overall effectiveness are the institutions administering these instruments, the mechanisms available for enforcing IPRs, and the rules regarding the treatment of non-nationals. To address some of the issues concerning IPRs, this paper defines what they are and attempts to evaluate the relationship between the protection of intellectual property and economic activity in developing countries. It also summarizes the economic effects of IPRs in terms of creation and diffusion of knowledge and information; and market structure and prices. Furthermore, it discusses the reformation of IPRs regimes and makes recommendations for their administration and enforcement. This paper consolidates some of the research from the 'World Development Report 1998/1999: Knowledge for Development' and some contributions made at an Internet-moderated conference conducted by the Bank's TechNet program. It will be of interest to governments, investors, and international organizations.
Author : Keith E. Maskus,Carsten Fink
Publisher : World Bank Publications
Page : 360 pages
File Size : 43,9 Mb
Release : 2005-01-01
Category : Law
ISBN : 0821383485
International policies toward protecting intellectual property rights have seen profound changes over the past two decades. Rules on how to protect patents, copyright, trademarks and other forms of intellectual property have become a standard component of international trade agreements. Most significantly, during the Uruguay Round of multilateral trade negotiations (1986-94), members of what is today the World Trade Organization (WTO) concluded the Agreement on Trade Related Intellectual Property Rights (TRIPS), which sets out minimum standards of protection that most of the world's economies have to respect. How will developing countries fare in this new international environment? Intellectual Property and Development brings together empirical research that assesses the effects of changing intellectual property regimes on various measures of economic and social performance - ranging from international trade, foreign investment and competition, to innovation and access to new technologies. The studies presented point to an important development dimension to the protection of intellectual property. But a one-size fits all approach to intellectual property is unlikely to work. There is need to adjust intellectual property norms to domestic needs, taking into account developing countries' capacity to innovate, technological needs, and institutional capabilities. In addition, governments need to consider a range of complementary policies to maximize the benefits and reduce the costs of reformed intellectual property regulations. This book will be of interest to students and scholars of international law, particularly in the area of intellectual property rights, international trade, and public policy.
Author : Mario Cimoli,Giovanni Dosi,Keith E. Maskus,Ruth L. Okediji,Jerome H. Reichman,Joseph E. Stiglitz
Publisher : Oxford University Press, USA
Page : 540 pages
File Size : 42,9 Mb
Release : 2014
Category : Business & Economics
ISBN : 9780199660766
"This book analyses the impact of diverse intellectual property rights (IPR) regimes upon the development process". -- PAGE [1].
Author : Keith E. Maskus
Publisher : Emerald Group Publishing
Page : 559 pages
File Size : 41,9 Mb
Release : 2007-10-01
Category : Law
ISBN : 9780444527646
Offers comprehensive and analytical literature surveys of the central questions regarding the linkages between intellectual property protection, international trade and investment, and economic growth. This book covers such questions as policy coordination in IPR, dispute resolution, and markets for technology and technology transfer.
Author : National Research Council,Policy and Global Affairs,Office of International Affairs
Publisher : National Academies Press
Page : 457 pages
File Size : 43,6 Mb
Release : 1993-02-01
Category : Political Science
ISBN : 9780309048330
As technological developments multiply around the globeâ€"even as the patenting of human genes comes under serious discussionâ€"nations, companies, and researchers find themselves in conflict over intellectual property rights (IPRs). Now, an international group of experts presents the first multidisciplinary look at IPRs in an age of explosive growth in science and technology. This thought-provoking volume offers an update on current international IPR negotiations and includes case studies on software, computer chips, optoelectronics, and biotechnologyâ€"areas characterized by high development cost and easy reproducibility. The volume covers these and other issues: Modern economic theory as a basis for approaching international IPRs. U.S. intellectual property practices versus those in Japan, India, the European Community, and the developing and newly industrializing countries. Trends in science and technology and how they affect IPRs. Pros and cons of a uniform international IPRs regime versus a system reflecting national differences.
Author : Robert M Sherwood
Publisher : Routledge
Page : 178 pages
File Size : 48,8 Mb
Release : 2019-04-10
Category : Business & Economics
ISBN : 9780429714528
Speaking very roughly, countries with advanced economies tend to be those displaying intellectual property protection systems in which the public has a basic degree of confidence. Those systems, when they are thought about at all rather than taken for granted, are thought of as reasonably effective in safeguarding innovation and creative expression
Author : Sandro Sideri
Publisher : Unknown
Page : 82 pages
File Size : 55,5 Mb
Release : 1995
Category : Conflict of laws
ISBN : MSU:31293023188463
Author : Jayashree Watal
Publisher : Springer
Page : 536 pages
File Size : 55,6 Mb
Release : 2001-02-23
Category : Law
ISBN : UOM:39015050767592
Although it is common knowledge that the compliance of developing countries with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) has become a serious stumbling block in the WTO agenda, the underlying reasons why this is so have not been dispassionately analyzed until the appearance of this book. Here, for the first time, is a thorough and secure foundation on which international trade lawyers and business people can build a global intellectual property regime that is both productive and fair. The implementation of the TRIPS regime with its enormous effect on national and global strategies for healthcare, agriculture, and the environment, among other crucial sectors of the world economy is clearly among the most critical projects currently under way in the field of international relations. As a former TRIPS negotiator for India, Jayashree Watal brings great authority to her account of the benefits and pitfalls of TRIPS compliance for developing countries. She provides a detailed understanding of how TRIPS was negotiated at the Uruguay Round, how various countries have implemented it so far, and how the WTO monitors compliance. She reveals how the WTO dispute settlement process has worked to date in matters involving TRIPS, and how it is likely to deal with new issues that arise. Most importantly, she explains how developing countries can interpret TRIPS to their best advantage, and how to ensure that the `constructive ambiguity' that characterizes the agreement remains flexible.
Author : P. Drahos,R. Mayne
Publisher : Springer
Page : 281 pages
File Size : 46,8 Mb
Release : 2002-10-31
Category : Social Science
ISBN : 9780230522923
Intellectual property rights such as patents can reduce access to knowledge in genetics, health, agriculture, education and information technology, particularly for people in developing countries. Global Intellectual Property Rights shows how the new global rules of intellectual property have been the product of the strategic behaviour of multinationals, rather than democratic dialogue. The final section of the book suggests strategies aimed at developing more flexible standard for poor countries, and for keeping knowledge in the intellectual commons.
Author : Frederick M. Abbott,Thomas Cottier,Francis Gurry,Ryan B. Abbott,Mira Burri,Henning Grosse Ruse-Khan,Maegan McCann
Publisher : Aspen Publishing
Page : 980 pages
File Size : 52,5 Mb
Release : 2024
Category : Law
ISBN : 9781543857894
"Law school casebook on intellectual property in a global context"--
Author : Shayerah Ilias,Ian F. Fergusson
Publisher : Nova Publishers
Page : 84 pages
File Size : 43,9 Mb
Release : 2008
Category : Business & Economics
ISBN : 1604565624
Introduction -- Intellectual property rights basics -- Global intellectual property holdings -- Contribution of intellectual property to U.S. economy -- The organized structure of IPR protection -- U.S. trade law -- Issues for Congress.
Author : Frederick M. Abbott,Thomas Cottier,Francis Gurry,Ryan B. Abbott,Mira Burri,Henning Grosse Ruse-Khan,Maegan McCann
Publisher : Aspen Publishing
Page : 1290 pages
File Size : 42,5 Mb
Release : 2024-02-03
Category : Law
ISBN : 9781543857900
International Intellectual Property in an Integrated World Economy, Fifth Edition provides a comprehensive analysis of the international intellectual property system across the spectrum of intellectual property (IP) rights and interests. It introduces the institutional architecture at the multilateral, regional/plurilateral, bilateral, and national levels. For each form of IP, it addresses the legal rules and illustrative jurisprudence with a focus on major jurisdictions, as well as economic and social welfare implications. It also considers the continuously growing importance of IP in a constantly changing technological environment, currently reflected in the rise of artificial intelligence (AI) and its deployment in creative and inventive activities. Each of the authors has played a role in the development and implementation of the international rules, and they bring their experience to bear in introducing students to the field. New to the Fifth Edition: New co-authors: Ryan B. Abbott, Mira Burri, Henning Grosse Ruse-Khan, and Maegan McCann, who bring additional expertise to the book The latest developments in bilateral and regional agreements regulating intellectual property, including implementation of the EU Unitary Patent and Unified Patent Court system and the EU intermediaries’ liability regime for copyright infringement Important new judicial decisions, including the U.S. Supreme Court decisions in Google v. Oracle and Andy Warhol Foundation v. Goldsmith, as well as decisions from EU and U.S. courts addressing identifiers for food products (Emmental and Gruyere cheeses) Developments in AI in the context of content-creation, inventions, IP-registration and enforcement, as well as support or substitute for human decision-making The expanding discourse on trade secret protection and its importance for international technology transfer The phenomenon of the anti-suit injunction in international patent litigation Benefits for instructors and students: An approach to the international IP system that situates the rules within the broader context of international law and the public policy objectives that governments, industry, and interest groups are seeking to achieve Case law from international dispute settlement bodies, as well as from national and regional courts and administrative authorities Discussion of patent, trademark, copyright, design, trade secret, and geographical indication protection, as well as plant variety protection, the protection of genetic resources and traditional knowledge, and the role of open source and open innovation systems An explanation of the European Union Unitary Patent system Exploration of the increasingly important role of emerging market IP systems Materials to help students understand the disputes between the United States and China involving IP, investment, and transfer of technology Identification of important trends in the enforcement of IP
Author : Tshimanga Kongolo
Publisher : Kluwer Law International B.V.
Page : 240 pages
File Size : 46,7 Mb
Release : 2008-01-21
Category : Law
ISBN : 9789041131119
The interface between intellectual property and other fields, such as public health and biotechnology, has raised expectations from both developed and developing countries. At the same time, a variety of issues have arisen from these relationships. Debates over public health, protection of traditional knowledge and traditional cultural expressions or expressions of folklore, and the control of biological resources and access to genetic resources pose major challenges to the current global system of intellectual property. This thoughtful book serves not only to contribute to these ongoing debates but also, through in-depth analysis and well-grounded recommendations, to move them closer to resolution in a manner beneficial to all interested parties. Among the matters discussed are the following: intellectual property and public health; intellectual property and traditional knowledge and traditional cultural expressions or expressions of folklore; intellectual property and plant varieties, biodiversity and access to genetic resources; use of marks and other signs on the Internet; and the international framework in respect to geographical indications. Drawing on prodigious familiarity with relevant conventions and international legal instruments in the field and debates on these issues as carried out under international bodies – including the World Trade Organization (WTO), the World Intellectual Property Organization (WIPO), the Food and Agriculture Organization (FAO), the International Union for the Protection of New Varieties of Plants (UPOV) and the World Health Organization (WHO), as well as the Convention on Biological Diversity (CBD) and the African Model Legislation – the author offers clear, well-thought-out proposals on how to respond to these issues. In the same vein, the author makes a number of proposals on how to strike a balance between the exclusive rights of the patentee and the right to public health or access to medicines, especially in the context of the HIV/AIDS crisis. In addition, holding that the owners or possessors of traditional knowledge or traditional cultural expressions or expressions of folklore are entitled to intellectual property rights protection, he advocates the development of a global and binding international ‘protection instrument’ that takes particular features of these rights into consideration. He proposes the extension of the scope of applicability of the requirement of the disclosure of the country of origin of genetic resources, both at the international and national levels. He also proposes refinements to the system for multilateral notification and registration of geographical indications in respect to wine and spirits and the extension of the higher protection of geographical indications to other products and suggests new ways to approach unsettled issues arising from the use of marks or other signs on the Internet. As a deeply informed analysis of how to integrate intellectual property rights into the international development process, this book takes some giant steps toward the general recognition of the real parameters of the most severe problems plaguing the developing world and offers reachable measures toward significant improvement of those problems. It will be of interest to all professionals, officials, and academics concerned with the equitable administration of intellectual property rights.