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.
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Produktdetaljer
ISBN
9780192671769
Publisert
2021
Utgiver
Oxford University Press Academic UK
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter