THE PATENT-COMPETITION INTERFACE IN DEVELOPING COUNTRIES

THE PATENT-COMPETITION INTERFACE IN DEVELOPING COUNTRIES

CHENG, TH. K.

177,84 €
IVA incluido
Disponible en 1 mes
Editorial:
OXFORD UNIVERSITY PRESS
Año de edición:
2022
Materia
Derecho mercantil
ISBN:
978-0-19-285735-4
Edición:
1
177,84 €
IVA incluido
Disponible en 1 mes

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.

Artículos relacionados

  • STRATEGIC CORPORATE SOCIAL RESPONSIBILITY. STAKEHOLDERS IN A
    WETHER, W. /   / CHANDLER, D.
    Strategic Corporate Social Responsibility: Stakeholders in a Global Environment provides faculty and students with a comprehensive, stand-alone text to support traditional and innovative courses at the intersection of corporate social responsibility (CSR), corporate strategy, and public policy. Integral to the book's unique format is its mix of theory and practical application....
    Queda 1 en Stock

    55,12 €

  • SPECIAL PROTECTION OF TRADE MARKS WITH A REPUTATION UNDER EUROPEAN UNION LAW
    BOHACZEWSKI, M.
    Special Protection of Trade Marks with a Reputation under European Union Law offers a thorough study of the special regime of enhanced protection of trade marks with a reputation under EU law, including the latest legal developments. When a mark acquires reputation, it becomes a means of attracting consumers by communicating to them various messages going beyond the indication ...
    Queda 1 en Stock

    182,00 €

  • EU CONSUMER LAW
    SCHULZE, R. / ARROYO AMAYUELAS, E.
    Disponible en 2-3 semanas

    415,00 €

  • DIGITAL MARKETS CLAIMS AND THIRD PARTY LITIGATION FUNDING
    RUIZ PERIS, J. / ESTEVAN, C.
    The digital economy has transformed markets on an unprecedented scale, while concentrating extraordinary economic power in the hands of a small number of global platforms. When infringements of competition law affect millions of consumers and businesses operating within these digital ecosystems, ensuring effective compensation for those harmed and meaningful accountability for ...
    Disponible en 1 semana

    27,26 €

  • DIRITTO BANCARIO E FINANZIARIO
    BONTEMPI, P.
    L'ordinamento bancario continua a subire continui cambiamenti, dettati principalmente dalla necessità di armonizzare le legislazioni nazionali dei Paese membri dell’Unione europea per dare una sempre più compiuta attuazione all'Unione bancaria europea, fondata su tre pilastri: un meccanismo di vigilanza unico, con al vertice la Banca centrale europea, coordinata dalle autorità ...
    Disponible en 1 mes.

    71,00 €

  • GOWER. PRINCIPLES OF MODERN COMPANY LAW
    STOKES, M. / DAVIES, P. / WORTHINGTON, S.
    Gower Principles of Modern Company Law presents the leading text available on company law, providing clarity while covering all key areas by way of a detailed, in-depth analysis. Students, as well as those involved in company law on a day-to-day basis, can turn to Gower secure in the knowledge that it will be an interesting, thought provoking and, above all, understandable expo...
    Disponible en 1 mes

    69,16 €