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1
McHugh, Patrick. "The Political Economy of Pharmaceutical Intellectual Property Rights: Balancing Innovation and Access." Master's thesis, Vysoká škola ekonomická v Praze, 2012. http://www.nusl.cz/ntk/nusl-125188.
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The trade-off between innovation and access is a critical problem in pharmaceutical innovation policy. Without adequate intellectual property protection, knowledge is insufficiently appropriable and the output of innovation is sub-optimal. Patents and sui generis forms of intellectual property are policies utilized by the state to foster innovation, creating temporary monopolies for firms to reward their investments in research and development. This paper explores the topic of pharmaceutical innovation policy by discovering the key legal developments that influence the creation of internationally protected and harmonized minimum standards of IP rights. Equipped with a theoretical understanding of IP as a social contract and knowledge about incentives that the law provides, the status quo system of rewarding pharmaceutical innovation is observed though an analysis of the market for new chemical entities, developing an understanding of the relationship between incentives for innovation and market outcomes. Utilizing an extensive analysis of literature, promising policy options are explored for realigning incentives to better optimize the incremental benefits of pharmaceutical innovation while improving access, including public funding of clinical trials, incorporating value-for-money stipulations into reimbursement and marketing approval decisions, and creating prize-based rewards that delink the market for innovations from the market for pharmaceutical products.
2
Hopper, Zachary. "Thomas Pogge And The Two Types Of Libertarian." Digital Archive @ GSU, 2013. http://digitalarchive.gsu.edu/philosophy_theses/133.
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Thomas Pogge proposes the Health Impact Fund (HIF) as a realistic, feasible reform to the pharmaceutical patent regime that would incentivize pharmaceutical research and reward innovation for medicines based on their impact on the global burden of disease. Pogge advances a human rights-based argument to show that the HIF is a morally required addition to the current pharmaceutical patent regime. One objection to his human rights argument comes from a libertarian appeal to property rights. Pogge’s response to the libertarian leads to the counterintuitive conclusion that libertarianism is incompatible with any system of intellectual property rights. This paper will show how Pogge fails to distinguish between what I call status quo and revisionist libertarian positions on intellectual property. Making this distinction, I maintain, would strengthen the human rights argument and allow Pogge to avoid the counterintuitive conclusion of his response to the libertarian.
3
Ray, Sangeeta. "Innovation Strategy in Emerging Market Firms in Response to Institutional Transition under TRIPs: The Case of the Indian Pharmaceuticals Industry." Thesis, The University of Sydney, 2013. http://hdl.handle.net/2123/9345.
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This research aims to understand how institutional transition towards a tight intellectual property rights (IPRs) regime under TRIPs affects the innovation strategies of firms from emerging economies. Focusing on firms from the pharmaceutical industry in India, this study attempts to address this broad research question by two different methodologies. Firstly, two in-depth cases studies are conducted to explore how latecomer firms are building innovation capabilities in response to a shift towards a tight IPRs regime under TRIPs. A cross-case analysis is then performed to identify the new innovation oriented learning and linkage practices of the sample firms. Secondly, drawing on the key findings of this cross-case analyses and enfolding these with literature related to innovation and latecomer firms, a set of propositions is developed to understand how a shift from a weak to a tight IPRs regime is likely to affect the innovation strategy of emerging economy firms. These propositions are tested by a comparative analysis of innovation practices of firms over two time periods, corresponding to a weak and tight IPRs regime, using ANOVA and discriminant analysis. The findings reveal that a shift to a tighter appropriability regime triggers latecomer firms to adapt both their innovation related learning and linkage practices. A tighter appropriability regime increases the propensity of firms for both exploratory and exploitative learning, developing their human capital base and expanding their codified knowledge base whilst increasing their propensity for building both formal and informal foreign linkages as well as formal linkages with local institutions. This study makes an important and new contribution towards building theory on how emerging economy firms adapt innovation strategies in response to institutional transition towards a tighter appropriability regime and its findings also have important implications for business practitioners and policy makers.
4
Gallasch, Sven. "The anticompetitive misuse of intellectual property rights in the European pharmaceutical sector." Thesis, University of East Anglia, 2014. https://ueaeprints.uea.ac.uk/50554/.
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Pharmaceutical antitrust is currently a centre of attention for the European Commission, with one decision against Lundbeck and Statements of Objections in investigations against Johnson & Johnson, Novartis, and Les Laboratoires Servier. This thesis is the first to develop in detail a ‘European approach’ to pay for delay settlements and early entry agreements – two types of conduct identified by the European pharmaceutical sector inquiry. Although pay for delay settlements have received extensive antitrust scrutiny in the United States, one has to be cautious when drawing from this expertise, as the underlying regulatory regimes are fundamentally different in Europe and the US. This need for careful comparative analyses in pharmaceutical antitrust and the fact that similar conduct might have to be treated differently on both sides of the Atlantic is showcased by a case study of the General Court’s AstraZeneca judgment. The analysis shows that the General Court was correct to dismiss AstraZeneca’s claim that its conduct would not have led to antitrust scrutiny following the US Walker Process Doctrine, which in fact covers similar conduct. Additionally, the hypothetical application of the market definition in AstraZeneca to the market of anti-epileptic drugs highlights the difficulties that the European Commission might encounter in its future enforcement in the pharmaceutical sector. Based on the different incentives for the parties of EU pay for delay settlements, a novel European theory of harm is developed for pay for delay settlements and early entry agreements, the latter posing significant anticompetitive potential in Europe. Based on this theory, pay for delay settlements are scrutinised under EU competition law and a novel “structured effects-based” test is proposed that is inspired by the recent Actavis judgment of the US Supreme Court. In terms of early entry agreements, this thesis is the first to apply EU competition law.
5
Satardien, Mogammad Zain. "A critical analysis of the trade-related aspects of intellectual property rights agreement and has South Africa complied with this agreement with special reference to patented pharmaceuticals." Thesis, University of the Western Cape, 2006. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_5140_1205413683.
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<p>The Agreement on Trade-Related Aspects of Intellectual Property (TRIPS) ia a multilateral international treaty introduced by the World Trade Organization (WTO) that came into effect on 1 June 1995. At a basic level it attempted to establish minimum standards for the regulation of intellectual property rights within those countries that are members of the WTO and signatories to it. This thesis served a dual purpose. The first leg was to embark on an investigation into TRIPS, criticallt analyzing the provisions of the Agreement. The important aim here was to analyze and discover whether TRIPS is sensitive to weaker countries. The second leg was to probe within the the legislative framework of South Africa and determine whether South Africa as a "<br>developing copuntry"<br>, has complied with the demands as expressed by TRIPS. This investigation was done with specific reference to South African patent law.</p>
6
Sequeira, Keith Patrick. "The patent system and technological development in late industrialising countries : the case of the Spanish pharmaceutical industry." Thesis, University of Sussex, 1998. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.263206.
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Pugatch, Meir Perez. "The international political economy of intellectual property rights : the TRIPs agreement and the advanced pharmaceutical industry in Europe." Thesis, London School of Economics and Political Science (University of London), 2002. http://etheses.lse.ac.uk/2284/.
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The thesis explores the manner in which the R&D-based pharmaceutical industry in Europe organised and operated between 1995 and 1999 in order to secure its interests with regard to the agreement on trade-related aspects of intellectual property rights (TRIPs) of the World Trade Organisation (WTO). The TRIPs agreement represents a major increase in the global protection of intellectual property rights (IPRs). In fact, the agreement contradicts the general direction of the WTO, i.e. trade liberalisation, since it increases the monopolistic features of international trade in knowledge products. The research was motivated by one basic and fundamental question: why and how is such a strong international intellectual-property agenda in place. A pure economic approach does not provide a sufficient and satisfactory explanation for the creation of IPRs. For example, economists cannot conclude whether patents confer a net benefit or entail a net loss to society. This is due mainly to the structural trade-off built into the patent system: that by aiming to increase the amount of available knowledge in the future, the system represses the free and widespread use of available knowledge in the present. The international IP system, as exemplified by TRIPs, is even more difficult to explain in purely economic terms, particularly with respect to the uneven distribution of IPRs between "northern" and "southern" countries. The importance of IPRs to future economic growth, foreign direct investment and technology transfer is also in dispute. As an alternative to an explanation based on global welfare, the thesis suggests that a dynamic approach, based on the international political economy of interest groups and systemic outcomes, provides a better starting point for explaining how the international intellectual property agenda (TRIPs) was determined. This approach is tested here by focusing on the strategies, organisation, and actions of the R&D-based pharmaceutical industry in Europe and its IP allies, which aimed at preserving and exploiting the TRIPs agreement. Using their highly sophisticated and well-coordinated organisational build-up, the advanced pharmaceutical industry in Europe and its IP allies were able to mobilise regional authorities, such as the European Commission, in order to protect their current international IP achievements. This was despite opposition to the TRIPs agreement from developing and least-developed countries, which became particularly fierce in 1999.
8
Lawana, Andiswa. "South African patent law : developing a balance between the rights of the patients and promoting innovation within the pharmaceutical industry." University of the Western Cape, 2015. http://hdl.handle.net/11394/4749.
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Magister Pharmaceuticae - MPharm<br>Background: In South Africa many patented medicines are either unavailable or carry prices that most patients cannot afford. The effects of the patents systems on patient access could greatly depending on how the burden of a disease is distributed across least-developed, developing and developed countries. Method: The study based on a qualitative research method. The sample was based on a non-probability approach. The study used both primary and secondary data collection. The secondary data was critically evaluated and collected from scientific articles, company reports and internet sources, in order to obtain some better insight into the patent situation of pharmaceuticals. Interviews were conducted and analysed by selective ad open coding. Results: The South African patent system needs an examination process to evaluate patent applications. The Patent Act of 1978 meets the minimum TRIPS requirements. The South African market is unique and a small market for innovator companies therefore does not influence innovation by these companies. Conclusion: The study concluded that the key sections of the Patent Act that need further evaluation and aligning more with TRIPS flexibilities are: Compulsory License, “Evergreening”. Data Protection and Establishing an examination system. The study also concluded that the current South African Patent Act sufficiently promotes innovation within the pharmaceutical industry.
9
Egan, Laurie K. "Community Control and Compensation: An Analysis for Successful Intellectual Property Right Legislation for Access and Benefit Sharing in Latin American Nations." Scholarship @ Claremont, 2012. http://scholarship.claremont.edu/hmc_theses/25.
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Abstract: Indigenous communities have worked for centuries to develop systems of knowledge pertaining to their local environments. Much of the knowledge that has been directly acquired or passed down over generations is of marketable use to corporations, especially in the pharmaceutical industry. Upon gaining the necessary information to convert traditional knowledge into a marketable entity, the corporation will place a patent on the product of their research and development and reap the monetary benefits under the protection of intellectual property legislation. Without appropriate benefit sharing, indigenous communities are robbed of their cumulative innovation and development and denied access to the very medicines that they assisted in development. This study will examine the efforts made by indigenous communities to develop benefit-sharing agreements under national ‘sui generis’ legislation and the international legislation of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the Convention on Biological Diversity (CBD).
10
Msomi, Zuziwe Nokwanda. "The protection of indigenous knowledge within the current intellectual property rights regime: a critical assessment focusing upon the Masakhane Pelargonium case." Thesis, Rhodes University, 2013. http://hdl.handle.net/10962/d1007744.
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The use of indigenous knowledge (IK) and indigenous bio-resources by pharmaceutical and herbal industries has led to concerns about the need to protect IK in order to prevent biopiracy and the misappropriation of indigenous knowledge and resources. While some commentators believe that intellectual property rights (IPR) law can effectively protect IK, others are more sceptical. In order to contribute to the growing debate on this issue, this study uses the relatively new and as yet largely critically unanalysed Masakhane Pelargonium case to address the question of whether or not IPR law can be used to effectively protect IK. It is argued here that discussion about the protection of IK is a matter that must be located within broader discussions about North-South relations and the continued struggle for economic and political freedom by indigenous people and their states. The Masakhane case suggests that IPR law in its current form cannot provide sufficient protection of IK on its own. Incompatibilities between IPR law and IK necessitate that certain factors, most important of which are land, organised representation, and what are referred as 'confidence and network resources', be present in order for IPR law to be used with any degree of success. The study also reveals various factors that undermine the possibility of using IPR law to protect IK. In particular, the study highlights the way in which local political tensions can undermine the ability of communities to effectively use IPR law to protect their knowledge. The thesis concludes with several recommendations that will enable indigenous communities and their states to benefit more substantially from the commercialisation of their bio-resources and associated IK.
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Musungu, Sisule Fredrick. "The right to health in the global economy : reading human rights obligations into the patent regime of the WTO-TRIPS Agreement." Diss., University of Pretoria, 2001. http://hdl.handle.net/2263/931.
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"The implementation of the TRIPS Agreement, within the wider context of globalisation, has brought about a conflict between the obligation of states to promote and protect health and the achievement of economic goals pursued under the WTO regime. Since trade is the driving engine of globalisation, it is imperative that, at the very least, rules governing it do not violate human rights but rather promote them. The problem of IP and the right to health therefore lies in ensuring that the integration of economic rules and institutional operations in relation to IPRs coincide with states’ obligations to promote and protect public health. ...
This study centres on the specific debate about health and IPRs in the context of the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the WTO rules on IP protection. In terms of a human rights approach to the TRIPS Agreement, the ICESCR has been chosen for several reasons. First, the ICESCR specifically recognises both the right to health and the right to the protection of inventions in clearer terms than any other human rights instrument. Secondly, at least 111 of the state parties to the ICESCR are also members of the WTO including a large number of developing countries. Thirdly, if one sees the ICESCR as a vehicle for the fulfilment of the obligation to promote and protect human rights under the United Nations Organisation’s (UN) Charter, it can be argued that in line with article 103, the implementation and interpretation of TRIPS by all UN members states must take into account basic human rights. However, even with primary focus being on the ICESCR, most of the discussion on practical issues will focus on the experiences in Sub-Saharan Africa because the inequalities and problems of access to health care are most dramatically played out in this part of the world.
The objective of the study is to examine the relationship between the obligation of states to progressively realise and guarantee the right to health, and the IP rules under the TRIPS Agreement. The specific objective is to examine the relationship between the exceptions under the TRIPS Agreement and the obligation to protect health and the identification of a consistent way of achieving a convergence between the implementation and interpretation of the rules of the two regimes in the area of health." -- Chapter 1<br>Mini Dissertation (LLM)--University of Pretoria, 2001.<br>http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html<br>Centre for Human Rights<br>LLM
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Sacco, Solomon Frank. "A comparative study of the implementation in Zimbabwe and South Africa of the international law rules that allow compulsory licensing and parallel importation for HIV/AIDS drugs." Diss., University of Pretoria, 2004. http://hdl.handle.net/2263/1100.
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"Zimbabwe and South Africa are facing an HIV/AIDS epidemic of such proportions that the populations of these countries will markedly decline in the next ten years despite the existence of effective drugs to treat the symptoms of AIDS and dramatically lower the communicability of the virus. These drugs are under patent protection by companies in the developed world and the patents raise the prices above the level of affordability for HIV infected persons in South Africa and Zimbabwe. Zimbabwe has declared a national emergency on HIV/AIDS, apparently in conformance with TRIPS and has issued compulsory licenses to a local company that has started to manufacture and sell cheap anti-retroviral drugs. South Africa has not declared a national emergency and has not invoked the TRIPS flexibilities or utilized flexibilities inherent in its own legislation. However, while thousands of people die every week in the two countries, neither government has yet provided an effective HIV/AIDS policy. Extensive litigation and public pressure in South Africa has led the government to announce a policy of supplying free HIV drugs in public hospitals while the Zimbabwean government has announced the provision of the same drugs, also in public hospitals, apparently utilising the state of emergency. The TRIPS agreement under which the two governments undertook to protect international patents allows compulsory licensing under certain circumstances (not limited to a national emergency) and the Doha Declaration on TRIPS and Public Health, and subsequent agreements by the Ministerial Council of the WTO allow the manufacture and, in limited circumstances, the parallel importation of generic drugs. These provisions provide a theoretical mechanism for poor countries to ensure their citizens' rights of access to health (care). The research is aimed at identifying the extent of the effectiveness of the legal norms created by Articles 20 and 31 of TRIPS, the Doha Declaration and subsequent Council of Ministers' decisions, which together ostensibly provide a framework to allow provision of generic drugs. It is further aimed at investigating how the state of emergency in Zimbabwe has been utilised to provide cheap generic drugs to Zimbabweans and whether this would be an option for South Africa. A comparison of the legal provisions governing the provision of drugs in the two countries will also be undertaken to examine the extent to which international and national constitutional and legal provisions may be utilised to give effect to the right to health." -- Introduction.<br>Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2004.<br>Prepared under the supervision of Dr. Enid Hill at the American University in Cairo.<br>http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html<br>Centre for Human Rights<br>LLM
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Myers, Robert A. "Intellectual Property Rights in Japan." MIT Japan Program, 1998. http://hdl.handle.net/1721.1/7542.
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Norain, Ismail. "Intellectual property rights for nanotechnology." Thesis, University of Newcastle upon Tyne, 2012. http://hdl.handle.net/10443/1627.
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The purpose of this study is to examine intellectual property (IP) protection for nanotechnology, comparing the laws of Malaysia with those of the United Kingdom (as a member of the European Union and European Patent Convention). As well as analysing current primary and secondary legal sources, a small number of discrete interviews were conducted with key nanotechnology scientists in Malaysia and the United Kingdom to ascertain the nature and development of nanotechnology in the jurisdictions under study and to explore the experts’ perceptions of IP laws, including the pattern of protection that might be expected as the technology matures. This study argues that current intellectual property rights are appropriate to govern nanotechnology creations, so that there is no need to devise a new form of IP right for nanotechnology. The emphasis in the IP literature to date has been on patent law, but this study argues that the law of breach of confidence is also very significant, despite difficulties presented by the technology. Furthermore, from qualitative empirical and doctrinal evidence, other forms of IP protection may be applicable to some extent. This study also investigates the current term protection of different forms of IP which may be relevant to nanotechnology, including the possible application of Supplementary Protection Certificates to allow for the time taken by nanotechnology products to enter the market. Finally, some recommendations are made for both Malaysia and the United Kingdom to protect nanotechnology appropriately.
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Шуст, Наталія Борисівна. "INTELLECTUAL PROPERTY RIGHTS IN POLAND." Thesis, НАУ, 2017. http://er.nau.edu.ua/handle/NAU/25315.
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BENNATO, ANNA RITA. "Essays on intellectual property rights." Doctoral thesis, Università degli Studi di Roma "Tor Vergata", 2009. http://hdl.handle.net/2108/207738.
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Secondo la visione Schumpeteriana, le innovazioni sono possibili grazie agli investimenti degli
agenti privati, i quali in assenza di una protezione brevettuale che li riconosca come gli esclusivi
utilizzatori della propria innovazione, sarebbero spinti ad effettuare investimenti subottimali.
Al tempo stesso, la presenza di un’istituzione che garantisca per un ben preciso arco di tempo un
diritto esclusivo nell’uso della propria innovazione ha degli importanti effetti in termini di welfare,
comportando un’inevitabile deadweight loss ed una conseguente inefficiente duplicazione dei costi
in ricerca e sviluppo.
Nello scenario internazionale la tutela della proprietà intellettuale è stata nell’ultimo ventennio
oggetto di diversi dibattiti. In particolare, la firma dell’accordo TRIPs ( Trade Related Aspects of
Intellectual Property Right), mediate il quale si è deciso di estendere il diritto brevettuale per un
periodo non inferiore a venti anni verso tutte le opere dell’ingegno, ha sollevato numerosi dubbi
circa la validità di tale protezione.
Con l’obiettivo di studiare le implicazioni economiche derivanti dall’introduzione della proprietà
intellettuale, cosi come disciplinata nell’accordo TRIPs, il presente lavoro è stato sviluppato
seguendo tre diversi approcci. Il primo capitolo presenta un modello teorico di economia
internazionale che affronta l’analisi della determinazione della ottima patent policy in presenza
della salute pubblica. Nel secondo capitolo, attraverso una verifica empirica, studiamo l’impatto
della nuova politica brevettuale sul trasferimento di tecnologie tra paesi industrializzati e paesi in
via di sviluppo, all’interno del settore farmaceutico. Infine, nel terzo capitolo mediante un gioco
dinamico tra impresa innovatrice e governo straniero, sviluppiamo un’analisi di welfare che tiene
conto delle decisioni di investimento in ricerca e sviluppo quando deroghe al principio della
proprietà intellettuale sono riconosciute a livello internazionale.<br>Historically, the issue of intellectual property rights is considered a contentious one because, if
the primary reason to ensure a strong patent protection is to provide enough incentives for the
private agents to invest their resources in new technologies, on the other hand, such legal protection
leads to an increase in the deadweight loss and an inefficient duplication of R&D costs (Scotchmer,
2004). Furthermore, the economic literature that describes the relationship between science and
innovation explains that profit-seeking agents without a well defined intellectual property right
regime tend to invest less than optimally (Grossman and Helpman, 1991; Helpman, 1993). Thus, in
the absence of a legal system that identifies the creator as the exclusive owner of her innovation,
anyone is able to reproduce it without extra costs, as innovation exhibits all the peculiarities of a
public good.
In the last two decades, this matter has become a disputed subject due, in particular, to the new
rules introduced by Trade-Related Aspects of Intellectual Property Rights agreement (TRIPs). By
uniforming the intellectual property right (IPR) regime at a global level, the TRIPs agreement calls
for all WTO members to enforce a minimum standard of protection, without distinguishing the
features of each category of goods. These new international rules have risen several political
debates, especially for its implications for the pharmaceutical sector and for the social welfare. The
international harmonization of the patent system does not yield unequivocal results, since the
welfare implications ensuing from a strict enforcement of IPRs are complex. The simple fact that
trade flows rise or fall in response of an enforcement of the law of IPRs is not sufficient for drawing
conclusions regarding economic welfare. Both static and dynamic effects need to be considered
(Deardorff, 1992; Helpman, 1993).
With the aim to investigate the economic impact of the international law on IPRs, we employed
three different approaches. The first chapter presents a theoretical model of international trade
policy, which deals with the optimal patent policy in the presence of a health externality. In the
second chapter we adopt a gravity framework to examine empirically the impact of the new IPRs on
bilateral flows of knowledge within the pharmaceutical domain. Finally, the third chapter develops
a dynamic game between a single innovative firm and a foreign government to provide a welfare
analysis that accounts for investment decision in R&D under the regime of international exhaustion.
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Rosina, Monica Steffen Guise. "A regulamentação internacional das patentes e sua contribuição para o processo de desenvolvimento do Brasil: análise da produção nacional de novos conhecimentos no setor farmacêutico." Universidade de São Paulo, 2011. http://www.teses.usp.br/teses/disponiveis/2/2135/tde-15052012-091832/.
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Uma das características mais marcantes da propriedade intelectual é a tensão existente entre interesses público e privado. Na seara das patentes, essa tensão se torna ainda mais evidente quando o objeto da propriedade privada é essencial à consecução de objetivos sociais, como é o claro caso dos medicamentos. Concebida para fomentar a inovação, oferecendo um crescente número de soluções aos problemas enfrentados pela sociedade, a patente deve servir de incentivo à atividade inventiva. Isso ocorre por meio do período de exclusividade concedido ao inventor, durante o qual somente ele está autorizado a explorar comercialmente o produto de seus esforços. Quando se trata de bens essenciais à manutenção da vida dos indivíduos, entretanto, a análise se torna mais complexa. Preços monopolísticos podem impedir o acesso a determinadas drogas e inviabilizar políticas de saúde pública, por exemplo. É o custo social de um sistema de proteção fundado no monopólio de exploração. A ausência de incentivos, entretanto, leva à ausência de investimentos em produtos inovadores (veja-se o claro exemplo das doenças negligenciadas), o que, por sua vez, também gera um custo social. Existe equilíbrio possível a essa equação? Ao regular como o conhecimento é compartilhado, e ao estabelecer limites ao que se pode (e não se pode) fazer com os produtos desse conhecimento, a propriedade intelectual assume papel central no debate que busca compreender a relação entre direito e desenvolvimento. É buscando contribuir para essa reflexão que a presente tese foi concebida. Pretende-se demonstrar que quando se olha para o desenvolvimento de forma integrada, o progresso econômico por si só deixa de ser suficiente para atender às necessidades de crescimento das nações. Logo, as justificativas econômicas ao sistema de proteção patentário também deixam de ser suficientes para, por si só, atenderem aos anseios de desenvolvimento dos mais variados países. O trabalho encontra-se estruturado em quatro capítulos principais. O primeiro apresenta o ambiente internacional no qual se dá, majoritariamente, a produção normativa em matéria de propriedade intelectual; bem como a trajetória que moldou o atual quadro brasileiro em matéria de patentes e acesso a medicamentos. O segundo capítulo analisa as principais teorias que justificam o sistema de patentes, bem como aquelas que evidenciam suas fragilidades, além de discutir alternativas possíveis de fomento à inovação. O terceiro capítulo, por sua vez, estabelece o conceito de desenvolvimento que pauta a análise central proposta pela tese e o quarto e último capítulo traça um desenho da realidade da indústria farmacêutica no Brasil, no qual fica evidenciado que a produção de novos conhecimentos, passíveis de gerar inovação na área da saúde, é uma das grandes fragilidades nacionais. Sob a ótica de uma concepção integrada de desenvolvimento, conclui-se que a atual estrutura normativa patentária, por não oferecer alternativas ao monopólio como fomento à inovação, é mais prejudicial do que benéfica ao desenvolvimento do país, sendo necessário conceber modelos alternativos de proteção que possam coexistir com o modelo vigente.<br>One of the most noteworthy features of intellectual property rights is the existing tension between public and private interests. Particularly in the field of patents, such tension becomes even more evident when the object of private property is key to the achievement of social goals, as is the clear case of medicines. Conceived to foster innovation and offer society an ever-increasing number of solutions to everyday problems, patents must function as real incentives to creative activity. This is feasible because for a limited period of time, the inventor is the sole detainer of the commercial rights to explore his invention. When goods are, as in the case of drugs, essential to people\'s lives, the analysis becomes much more complex. Monopolistic prices may hinder access to certain drugs and, thus, make public health policies more difficult. Based on monopoly rights, this protection system has social costs. Lack of economic incentives, on the other hand, may lead to shortage of investments in innovative products (see the case of neglected diseases, for instance), which also generates social cost. Is it possible to strike balance to this equation? By regulating how knowledge is shared, and by establishing limits to what can and cannot be done to knowledge products, intellectual property rights take on a key role in the debate that seeks to understand the relationship between law and development. This dissertation aims at contributing to such discussion, by primarily demonstrating that when development is conceived in a holistic manner, economic progress in itself no longer suffices nations. Thus, the economic rationale used for the patent system also ceases to fulfill development goals in a significantly increasing number of countries. The dissertation is divided into four main parts. Chapter one portrays the international environment in which most intellectual property issues are regulated, as well as the historical and political routes that led to the current Brazilian legal framework of patents and access to medicines. Chapter two analyses the main legal and economic theories that justify the existence of the patent system, as well as those that evidence its shortcomings. It further presents and discusses existing alternative options that may encourage innovation in this area. Chapter three establishes the concept of development that is central to the dissertation\'s main analysis, while chapter four tells the story of pharmaceutical production in Brazil. The central line traced through the dissertation makes it then possible to demonstrate how national knowledge production that may lead to pharmaceutical innovations is one of the country\'s main limitations. The use of a holistic view of development leads to the conclusion that the current patent framework is, in fact, inadequate and produces more damage than benefits to the development of Brazil, to the extent that it does not offer alternative solutions to monopoly power. Different incentive models that can coexist with the current system are, in this sense, desiderata.
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Bhattacharya, Raja. "Intellectual property rights in outer space." Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=78203.
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Private entities, investing billions of dollars, as a matter of reasonable commercial corporate expectations, want to be protected against undue use, exploitation and copying of their technology and inventions which they have put into their space ventures (often termed as 'theft') by any third party. States, to secure an environment friendly to such generation, use and transfer of intellectual property rights (IPRs) in outer space, have initiated applying and/or extending their national IP laws into outer space either in form of a statute or a multilateral agreement. This may have both commercial and political significance.<br>This thesis deals with IP issues in international perspective (with reference, however, to some leading national IP legislation when and where it is necessary) with special reference to the contemporary legal regime governing outer space. While emphasizing the existing legal regime relating to IPRs in outer space, it explores the possibility of commercial exploitation of IPRs made in space and on ground through the existing international trade system. The increasing importance of cooperation between the World Intellectual Property Organization and World Trade Organization in this regard is also examined, against the back drop of space activities and the outer space legal regime relating to IPRs. (Abstract shortened by UMI.)
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Hackett, Petal Jean. "Essays on intellectual property rights policy." Thesis, University of Edinburgh, 2012. http://hdl.handle.net/1842/7934.
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This dissertation will take a theoretical approach to analyzing certain challenges in the design of intellectual property rights (`IPR') policy. The first essay looks the advisability of introducing IPR into a market which is currently only very lightly protected - the US fashion industry. The proposed Innovative Design Protection and Piracy Prevention Act is intended to introduce EU standards into the US. Using a sequential, 2-firm, vertical differentiation framework, I analyze the effects of protection on investment in innovative designs by high-quality (`designer') and lower-quality (`mass-market') firms when the mass-marketer may opt to imitate, consumers prefer trendsetting designs and firms compete in prices. I show that design protection, by transforming mass-marketers from imitators to innovators, may reduce both designer pro ts and welfare. The model provides possible explanations for the dearth of EU case law and the increase in designer/mass-marketer collaborations. The second essay contributes to the literature on patent design and fee shifting, contrasting the effects of the American (or `each party pays') rule and English (or `losing party pays') rule of legal cost allocation on optimal patent breadth when innovation is sequential and firms are differentiated duopolists. I show that if litigation spending is endogenous, the American rule may induce broader patents and a higher probability of infringement than the English rule if R&D costs are sufficiently low. If, however, R&D costs are moderate, the ranking is reversed and it is the English rule that leads to broader patents. Neither rule supports lower patent breadth than the other over the entire parameter space. As such, any attempts to reform the US patent system by narrowing patents must carefully weigh the impact on firms' legal spending decisions if policymakers do not wish to adversely affect investment incentives. The third and final essay analyzes the effects of corporate structure on licensing behaviour. Policymakers and legal scholars are concerned about the potential for an Anticommons, an underuse of early stage research tools to produce complex final products, typically arising from either blocking or stacking. I use a simple, one-period differentiated duopoly model to show that if patentees have flexibility in corporate structure, Anticommons problems are greatly reduced. The model suggests that if the patentee owns the single (or single set) of essential IPR and goods are of symmetric quality, Anticommons issues may be entirely eliminated, as the patentee will always license, simply shifting its corporate structure depending on the identity of the downstream competitor. If the rival produces a more valuable good, Anticommons problems are reduced. Further, if the patentee holds 1 of 2 essential patents, the ability to shift its corporate structure may reduce total licensing costs to rival firms. However the analysis offers a cautionary note: while spin-offs by the patentee help to sustain downstream competition, they may restrict market output, and therefore welfare. Thus the inefficiency in the patent system may be in the opposite direction than is currently thought - there may be too much technology transfer, rather than too little.
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Berger, Stefan. "Regulation of intellectual property rights and trade." Doctoral thesis, Universitat Pompeu Fabra, 2010. http://hdl.handle.net/10803/7591.
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This thesis consists of three essays on the regulation of Intellectual Property
Rights (IPRs) and trade in open economies.
The rst chapter investigates the di erences in Intellectual Property Rights
between countries. The analysis of a cross-country panel reveals that the protection
of IPRs is higher in countries that are (i) richer, (ii) more productive
in R&D and (iii) more open to trade. It is then shown that the rst two facts
can be explained in a model where innovations are a global public good and
where demand for innovations is non-homothetic in income.
The second chapter addresses the third observation. If trade is driven by large
di erences in productivities across countries and sectors then having strong
IPR protection can become more bene cial for the individual country, since
a part of the associated costs are passed onto the trading partners.
The third chapter aims to explain why and when countries link agreements on
trade with agreements that regulate the provision of global public goods. It
shows that a linkage is particularly attractive if countries are di erent in size.
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Trerise, Jonathan. "A justified system of intellectual property rights." Diss., Columbia, Mo. : University of Missouri-Columbia, 2007. http://hdl.handle.net/10355/4788.
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Thesis (Ph. D.)--University of Missouri-Columbia, 2007.<br>The entire dissertation/thesis text is included in the research.pdf file; the official abstract appears in the short.pdf file (which also appears in the research.pdf); a non-technical general description, or public abstract, appears in the public.pdf file. Title from title screen of research.pdf file (viewed on December 14, 2007) Vita. Includes bibliographical references.
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Adegoke, Sope. "Intellectual Property Rights in Sub-Saharan Africa." Scholarship @ Claremont, 2011. http://scholarship.claremont.edu/cmc_theses/289.
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Globalization of the world economy has made knowledge a critical element of effectiveness in the world economy. Current economic and trade conditions change rapidly and require constant improvement to ensure economic development. These conditions stimulate innovation and improvements in technology, designs, and other tangible and intangible assets. Most Sub-Saharan African countries have not exploited the benefits that intellectual property rights offer to its users, despite considerable improvements to existing knowledge and options for protecting knowledge. Strong intellectual property laws are important for effective incentives to invent continuously. It is important to provide some form of compensation and guarantee that their innovation is credited to them. This is achieved through the establishment of intellectual property rights. Intellectual property rights have far-reaching effects on several sectors of the economy, such as trade, manufacturing, and other industries. Intellectual property rights policies are therefore, important for economic development.
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Ang, Steven. "The moral dimensions of intellectual property rights." Thesis, Queen Mary, University of London, 2011. http://qmro.qmul.ac.uk/xmlui/handle/123456789/9008.
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The Moral Dimensions of Intellectual Property Rights explores the various aspects of IPRs in which moral evaluation and claims play a role. According to R M Hare, moral concepts and reasoning are characterized by the universalization of prescriptions. Universalization links the various dimensions in a way that rationally forces us to revise the moral basis of the various claims we make for, about and of IPRs, and ultimately provides grounds for their reform. The method of reflective equilibrium is focused in the first place on Hare’s meta- ethics, to derive a reformulation which is herein called fundamental prescriptivism. This requires a foundational set of moral principles to work. Our expectation that moral principles and values must serve to guide us, and resolve conflict between us, with objective rational force, provides the basis for adopting such a set of fundamental prescriptions. These sum up in the equal right to freedom and well- being as the ultimate basis for moral evaluation of our institutions. An implication of this right is that property in IPR systems must be balanced with participation rights (moral and legal) of the public to a public domain which allows individuals to have access to, and use, objects of intellectual property. When, in seeking reflective equilibrium, this is applied to the various aspects of IPRs, the result is an exploration of the inter-connectedness of following: justification of IPRs based on this equal right to freedom and well-being; explanation of the function of, and justification for, the presence of moral concepts and terms in national and international IPR rules; the commitments implied by use of these moral ideas for our obligations in respect of the way we enjoy, exploit and enforce our IPRs, and, ultimately, our duty to reform of IPRs in ways that respects the participation rights implied by this principle.
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Yu, Yudong. "Intellectual property rights and the game industry." Thesis, University of Manchester, 2017. https://www.research.manchester.ac.uk/portal/en/theses/intellectual-property-rights-and-the-game-industry(029fbc50-7a2c-4434-96ec-5abfc42cd341).html.
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This thesis analyses how intellectual property (IP) laws are used in the home console game industry and in particular how these laws are used to capture the returns on investment, which may indirectly provide a stimulus to innovation. The relationshipis evaluated in three selected markets: The United States (US), the European Union (EU) and People's Republic of China (PRC). The first two of these are selected as representative of developed markets whilst the latter as an instance of an emerging market. This thesis analyses and illustrates ways in which three major types of intellectual property rights - patents, copyright and trademarks - operate in this sector of industry. This thesis evaluates this relationship via a unique approach, adopting both a legal and economic analysis. The thesis starts with a detailed market analysis of this industry to identify key factors that affect individual firms' abilities to capture returns on investment. This is followed by section II (comprising Chapters II to IV) which goes on to examine the effects of each type of IPR on these factors in the developed markets of the US and Europe. The analysis in section III shifts the focus from these developed markets to the emerging market in the PRC. It identifies the unique attributes and problems of the Chinese market and demonstrates how contemporary local IP laws can be used to tackle these problems. It is the view of this thesis that IP laws theoretically can be used to maximise a firm's return on investment while not distorting competition; hence, the thesis suggests that IPRs may indirectly create incentives to innovate.
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de, Campos Thana Cristina. "Responsibilities for the global health crisis." Thesis, University of Oxford, 2014. http://ora.ox.ac.uk/objects/uuid:3e22ef01-09ec-435c-8264-ae05d6a371ba.
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This thesis aims to provide a framework for analyzing the moral responsibilities of global agents in what I call the Global Health Crisis (GHC), with special attention devoted to the moral responsibilities of pharmaceutical companies. The main contribution of this thesis is to provide a general account of the moral responsibilities of different global players, mapping the different kinds of duties they have, their content and force, and their relation to the responsibilities of other relevant actors in the GHC. I also apply this account to current debates surrounding the need for reforms to the international legal rules addressing the GHC, notably the TRIPs regime. In doing so, this thesis will discuss the allocation of responsibilities for the GHC among different global players, such as state and non-state actors, the latter including pharmaceutical companies. In order to investigate the allocation of duties, I will first analyze the object of such allocation which constitutes the object of the current GHC (Part A); then the agents responsible for addressing this crisis (Part B); and finally, existing institutional alternatives to reform the international legal rules addressing the GHC, such as the TRIPs regime (Part C).
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Schroeder, Jeffrey S. "Right grantors and right seekers : a theory for understanding the comparative development of intellectual property rights /." view abstract or download file of text, 2001. http://wwwlib.umi.com/cr/uoregon/fullcit?p3004002.
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Thesis (Ph. D.)--University of Oregon, 2001.<br>Typescript. Includes vita and abstract. Includes bibliographical references (leaves 260-272). Also available for download via the World Wide Web; free to University of Oregon users.
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Nie, Jianqiang. "The enforcement of intellectual property rights in China /." London : Cameron May, 2006. http://aleph.unisg.ch/hsgscan/hm00189727.pdf.
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Birmingham, Robert B. "Intellectual property rights in software acquired by DoD." Thesis, Monterey, Calif. : Springfield, Va. : Naval Postgraduate School ; Available from National Technical Information Service, 1995. http://handle.dtic.mil/100.2/ADA305992.
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Breimelyte, Jurate. "Open Biobanks. Reframing intellectual property rights in biobanking." Doctoral thesis, Universitat Autònoma de Barcelona, 2018. http://hdl.handle.net/10803/664270.
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Esta tesis se enfrentó al reto de resolver la cuestión sobre si los derechos de propiedad intelectual creados por los biobancos pueden gestionarse más abiertamente para garantizar la distribución equitativa del conocimiento y las mejoras de la investigación genética. Se propone fomentar que los biobancos usen licencias más abiertas en sus obras protegidas por derechos de autor, bases de datos e inventos patentados. Para facilitar la transferencia de conocimiento entre biobancos y garantizar que la investigación genética mejore, se realiza una reflexión sobre la aplicación de licencias abiertas. La tesis describe el modelo de intercambio colectivo y apoya la posibilidad de usar derechos de propiedad intelectual de forma no restrictiva.
La tesis también propone el uso del consentimiento informado amplio en las actividades de los biobancos. Un consentimiento informado amplio garantizaría el equilibrio adecuado entre los derechos individuales y el derecho de los biobancos de compartir la información recogida, especialmente, porque existen incentivos para tratar la genética humana como patrimonio común. El consentimiento abierto puede usarse en las actividades del biobanco para garantizar que los tejidos no permanecen sin uso. Este tipo de consentimiento puede asegurar el máximo valor de los tejidos biológicos recogidos. Si las muestras recogidas no están restringidas a un solo uso o a una sola investigación, podemos esperar que otros estudios lleven a cabo investigaciones sobre las mismas muestras y se presente información científica más amplia y relevante.<br>This thesis faced the challenge of answering the question if intellectual property rights that are created by the biobanks can be managed more openly to ensure the equitable distribution of knowledge and improvements of the genetic research. The proposal is made to encourage the biobanks to use more broadly open licenses in their copyrighted works, databases and patented inventions. To ease the transfer of knowledge between biobanks and ensure that the genetic research is improving, the reflection to apply open licenses is made. The thesis describes the open sharing model and supports the possibilities to use IP rights in a non-restricting way.
The thesis also proposes to use broad informed consent in the biobanks’ activities. Broad informed consent would ensure the right balance between individual rights and biobanks’ need to share collected information, especially, because there are incentives to treat human genetics as a common good. Open consent can be used in the biobank’s activities to ensure that the tissues are not left unutilised. Such form of consent can assure the maximum value of the collected biological tissues. If collected samples are not restricted to the one-time or one-research use, we can expect that other studies perform research on the same samples and the broader scientific information is presented.
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Tomkowicz, Robert Jacek. "Crossing the Boundaries: Overlaps of Intellectual Property Rights." Thèse, Université d'Ottawa / University of Ottawa, 2011. http://hdl.handle.net/10393/20149.
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Overlaps of intellectual property rights are a phenomenon that is not yet fully understood and analyzed; yet it is an increasingly important issue due to development of new hybrid technologies that defy the established structure of the system. Despite the potential adverse effects this phenomenon can have on the integrity of the system, the problem of overlaps has been neglected in judicial and scholarly analyses.
This research presents the thesis that all uses of intellectual property rights should be viewed in light of their purposes. In other words, the phenomenon of overlapping intellectual property rights is not a problem per se; instead, it is the use of the rights for incompatible purposes that may be considered objectionable. The analyses use the concept of balance of rights as the measuring rod for assessment of the consequences resulting from use of the overlapping rights. Thus, the dissertation investigates how use of intellectual property rights associated with one segment of the system can affect carefully crafted balance of rights of various stakeholders in an overlapping segment and whether effectiveness of this segment to advance its purposes will be impeded by such use.
The analyses are also done with the aim to formulate a uniform answer to identified and potentially objectionable uses of overlapping rights in an attempt to provide the judiciary and law practitioners with analytical framework for resolving disputes involving overlaps in the intellectual property system. An adequate response to the challenge posed by improper use of overlapping intellectual property rights can be found in a properly construed doctrine of misuse of intellectual property rights. Because overlaps in the intellectual property system are a phenomenon that probably cannot be legislated in practical terms, this dissertation advocates adoption of a judicially created doctrine of misuse based on purposive analysis of intellectual property rights.
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Zhuang, Yuan. "Essays on international outsourcing and intellectual property rights." Diss., Connect to online resource, 2006. http://gateway.proquest.com/openurl?url_ver=Z39.88-2004&rft_val_fmt=info:ofi/fmt:kev:mtx:dissertation&res_dat=xri:pqdiss&rft_dat=xri:pqdiss:3239441.
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Harison, Elad. "Software intellectual property rights : economics and policy analysis /." Maastricht : UPM, Universitaire Pers Maastricht, 2005. http://www.gbv.de/dms/spk/sbb/recht/toc/511861311.pdf.
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Dutfield, Graham. "The international biotrade, conservation and intellectual property rights." Thesis, University of Oxford, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.365657.
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Kenneally, Michael Edward. "Intellectual Property Rights and Institutions: A Pluralist Account." Thesis, Harvard University, 2014. http://dissertations.umi.com/gsas.harvard:11509.
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Debates over intellectual property's justifications tend to treat natural rights and utilitarian accounts as competitors, but they should be seen as complements instead. Lockean and Kantian theories of intellectual property highlight the strong interests that intellectual property creators have in profiting from and exercising some degree of control over their work, but neither theory gives sufficient justification for the full assortment of rights that intellectual property owners have under current law. Utilitarian accounts provide an essential supplement to these natural rights theories by focusing on society's interests in the production of useful information and creative expression, but that does not mean intellectual property law should single-mindedly strive only to maximize social welfare. Developing both natural rights-based and utilitarian justifications, this dissertation advances a pluralist account of intellectual property that understands different features of copyright, patent, and trademark law to be serving different normative interests.<br>Philosophy
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Torán, Luis. "Intellectual Property Rights, Open Innovation, and Firm's Environment." Thesis, Högskolan i Gävle, Avdelningen för Industriell utveckling, IT och Samhällsbyggnad, 2014. http://urn.kb.se/resolve?urn=urn:nbn:se:hig:diva-17195.
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ABSTRACT Purpose - This thesis analyses, firstly, how the environment affects the use of intellectual property rights (IPRs) in firms. Secondly, the connections between IPRs and firm's openness with regards to partner, phase, and content variety; and lastly, how firm's environment modifies IPRS-firm's openness relationship. Methodology - Based on a survey for R&D managers or similar job positions in 415 Swedish, Finish and Italian manufacturing firms, after obtaining the raw data, the results will be evaluated and discussed in reference to the theoretical framework. Results - The paper displays the correlation between formal IP mechanisms and firm's environment. In this way, the study exposes the common use of this kind of protection, on one hand, to deal with rising development technology costs and shortening product life cycles, and, on the other hand, in a technological environment. In addition, the work exhibits the value of IPRs in early phases and commercialization in the innovation process, regarding the need to acquire knowledge in creation, and safeguard R&D to take profit from it. Finally, the paper establishes a linear correlation that shows as higher environmental dynamism that leads to lower use of IPRs under OI regime. Limitations - This thesis is focused on formal IP protection mechanisms, firm's environment, and firm's openness, without pay attention to informal IP protection ways, which for sure are linked. This analysis is, however a subject for further research. Keywords: Intellectual property Rights, Firm's openness, Firm's environment, Survey.
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Jakobsson, Amanda. "Essays on international trade and intellectual property rights." Doctoral thesis, Handelshögskolan i Stockholm, Institutionen för Nationalekonomi, 2013. http://urn.kb.se/resolve?urn=urn:nbn:se:hhs:diva-2107.
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Crowther, Sarah Maureen. "Patenting genes : intellectual property rights in human genomics." Thesis, University of Sussex, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.313966.
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Ituarte-Lima, C. B. "Negotiating intellectual property rights in the Upper Amazon." Thesis, University College London (University of London), 2011. http://discovery.ucl.ac.uk/1302064/.
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This thesis examines Amazonian people’s negotiation of bio-cultural rights, and explores the nexus between people in the field and stakeholders at different national and international levels. It draws primarily on one year of fieldwork conducted in the Upper Amazon; I also build on my experience as a lawyer working on environmental and people’s rights in Mexico. Anthropological and legal approaches to property rights and biotechnology, as well as local and global systems of power and political life inform the analysis. Amazonian people’s positions regarding IPR and bioprospecting are dynamic rather than fixed. They respond more to historical processes including alliances and fragmentation between groups than to definite ideological positions such as do IPR advocates or sceptics. Distinct groups co-exist with different levels of acceptance. Amazonian leaders tend to regard “community” as an external imposition with a colonial origin, in contrast to pueblo (people) considered a more legitimate term. Yet, in practical terms, community remains a relevant social unit appropriated by people in the rainforest. Another finding is the central role that indigenous NGOs based in urban areas play as gatekeepers of Amazonian bio-cultural resources. This thesis challenges certain academic and popular assumptions concerning indigenous people’s IPR. It reveals that the tensions between differentiated forms of intellectual property lie relatively less in the incommensurability between individual (Western) and collective (indigenous) and more in the types of individual and collectives (e.g. corporation) that can become IPR holders. Critical events at the mesolevel trigger the reinterpretation of old categories, and the emergence of sui generis IPR. Conflictive situations can be sources of socio-legal innovation eliciting new ways of thinking about the negotiation of IPR between local, national and international levels.
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Chou, Teyu. "Essays on intellectual property rights and product differentiation." Diss., Virginia Tech, 1996. http://hdl.handle.net/10919/40318.
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Kiema, Ilkka. "Essays on the economics of intellectual property rights /." [Helsinki] : University of Helsinki, 2008. https://oa.doria.fi/bitstream/handle/10024/42546/essayson.pdf?sequence=1.
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Bernal, Uribe Juan Felipe. "Innovation, intellectual property rights and international knowledge diffusion." Thesis, Toulouse 1, 2012. http://www.theses.fr/2012TOU10029/document.
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Cette thèse étudie l’effet des Droits de Propriété Intellectuelle (DPI) sur l’économie. Elle se sert d’un cadre commun (i.e. un modèle de croissance endogène avec différentiation horizontale) pour modéliser les DPI, identifier les coûts et bienfaits associés à leur mise en œuvre, suggérer un niveau de protection optimal en tenant compte des différences dans la composition des dotations de travail et, finalement, se concentrer sur les implications internationales des politiques tendant à l’unification des systèmes de DPI dans le monde.Le premier chapitre considère une économie fermée. Nous montrons qu’il n’est pas nécessaire que le degré de DPI qui maximise l’utilité pour les travailleurs qualifiés coïncide avec celui des non qualifiés. L’équilibre dans cette économie dépend de sa taille et de la composition du facteur travail. Lorsque le nombre de travailleurs qualifiés est faible par rapport au nombre des travailleurs non qualifiés, une protection totale des DPI bénéficie au travail qualifié en nuisant au travail non qualifié. Ce dernier aurait une utilité supérieure en présence d’une protection plus faible des DPI. Lorsque la taille des deux groupes est similaire, il n’y a plus de conflit d’intérêts : Les deux types de travailleurs préfèrent un régime de DPI qui augmente avec la taille de la population totale.Le deuxième chapitre étend le contenu du premier en incorporant une deuxième économie qui est à la fois plus peuplée et technologiquement supérieure. Le secteur de Recherche et Développement (R&D) domestique bénéficie des connaissances en provenance de l’étranger. Le modèle prédit la convergence du taux de croissance domestique vers le taux de croissance du leader technologique. L’effet positif des DPI est donné par la détermination de « l’écart technologique » entre les deux régions. La protection totale des DPI maximise l’utilité du travail qualifié et, sous certaines configuration des paramètres, du travail non qualifié.Le troisième chapitre introduit le commerce international. Nous considérons deux économies où les travailleurs qualifiés sont hétérogènes en termes de productivité individuelle dans le secteur R&D. Le commerce international requiert le paiement d’un coût fixe pour chaque variété de bien intermédiaire. Il y a deux régions dans le monde : le « Nord » avec une protection totale des DPI, et le « Sud » avec une protection faible. Tout travailleur qualifié dans le secteur R&D fait le choix entre devenir innovateur ou imitateur. Cette modélisation est capable de recréer la domination du Nord dans l’activité d’innovation mondiale, et du Sud dans l’imitation. Un renforcement des DPI dans le Sud se traduit par une redistribution de travailleurs qualifiés hors de l’activité imitative et vers l’innovation. Un nombre plus faible d’imitateurs augmente l’intérêt d’exporter vers le Sud pour les firmes du Nord, ce qui favorise le commerce international<br>This thesis studies the effects of Intellectual Property Rights (IPRs) on the economy. It makes use of a common framework (i.e. an endogenous growth model with horizontal differentiation) to model IPRs, identify the benefits and the costs associated with their implementation, suggest welfare maximizing levels of IPRs in economies with different compositions of the labor force and, finally, focus on the trade aspects of international policies tending to unify IPRs systems in the world.The first chapter considers a closed economy. We find that the utility maximizing degree of IPRs may or not be the same for skilled and unskilled workers. The equilibrium of the economy depends on its size and composition of the labor force. When skilled workers are scarce relative to unskilled workers, complete enforcement of IPRs benefits skilled workers and harm unskilled workers, which prefer a weaker regime. If the two labor endowments are close enough there is no longer a conflict of interests between the two groups. Both prefer a regime of IPRs that increases with the population size.The second chapter extends the first one to incorporate an additional economy which is larger and technologically more advanced. The R&D sector of the small economy benefits from the knowledge developed abroad. The model predicts convergence in the rate of growth to the one of the technological leader. The positive effect of IPRs comes from the determination of the "technological gap" between the two regions. Complete enforcement of IPRs maximizes utility for skilled labor and, under some parameter configurations, also for unskilled labor.The third chapter allows for international trade. We consider two economies where skilled labor is heterogeneous in productivity within the R&D sector. Trade requires the payment of a fixed cost per variety. There are two regions in the world: the South has weaker IPRs and a less skilled labor than the North. Skilled workers in the R&D sector choose between becoming innovators or imitators. This setup recreates the observable patterns of dominance of the North in innovation, and the South in imitation. Stronger IPRs in the South translate into a reallocation of skilled labor out of imitation and into innovation. Less imitators increase the value of exporting to that region for foreign exporters leading to an increase in world trade
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Lau, Pun-wai Christy. "A review on the effectiveness of the policy on protecting intellectual property rights in HKSAR." Click to view the E-thesis via HKUTO, 2006. http://sunzi.lib.hku.hk/hkuto/record/B36439459.
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Stoddard, Damon. "A new Canadian intellectual property right : the protection of data submitted for marketing approval of pharmaceutical drugs." Thesis, McGill University, 2006. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=101828.
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In order to market and sell a new pharmaceutical drug in Canada, the Minister of Health requires the initial applicant to submit clinical test results demonstrating that the drug is safe and effective for human use. Subsequent applicants, who typically lack the resources to conduct expensive clinical trials, must refer to and rely upon the initial applicant's data in their applications to market a generic version of the drug.<br>On June 17, 2006, the federal government of Canada published a proposed data protection regulation, which would provide an initial applicant with eight years of protection for clinical test results submitted in a new drug submission. This protection would lead to an eight year period of market exclusivity for the drug associated with the clinical test data, regardless of whether that drug was protected by a Canadian patent.<br>In this thesis, the author first describes what data protection is on a practical level, and distinguishes data protection from other forms of intellectual property rights. Next, the author discusses how various jurisdictions choose to protect clinical test data submitted to their health authorities. Canada's international obligations pursuant to the NAFTA and the TRIPS Agreement are also examined. In this regard, the author argues that Canada is under no obligation to provide initial applicants with eight years of data protection. Furthermore, the author argues that exclusive time-limited property rights in clinical test data are difficult to justify from a theoretical perspective. Finally, the author prescribes certain legislative changes to Canada's proposed data protection regulation.
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Lo, Shih-tse. "Strengthening intellectual property rights evidence from developing countries' patent reforms /." Diss., Restricted to subscribing institutions, 2005. http://proquest.umi.com/pqdweb?did=953999891&sid=1&Fmt=2&clientId=1564&RQT=309&VName=PQD.
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Samartzi, Vasiliki. "Digital rights management and the rights of end-users." Thesis, Queen Mary, University of London, 2013. http://qmro.qmul.ac.uk/xmlui/handle/123456789/8642.
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Digital Rights Management systems (DRM) are frequently used by rightsholders in order to protect their works from the, very high indeed, possibility to be copied, altered or distributed without authorisation by users who take advantage of available state-of-the-art copying techniques. Because DRM are legally protected by anti-circumvention legislation both in the United States and in Europe, a debate goes on more than a decade now regarding their impact to the notion of “balance” among copyright stakeholders that traditionally underpinned copyright law. In this context, this study examines, in turn, the philosophical underpinnings of analogue and digital copyright law focusing of copyright exceptions, the development of a notion of a minimum of lawful personal use for the digital environment based on existing copyright exceptions and users’ expectations of personal use, and the impact of the use of DRM and of the introduction of anti-circumvention legislation to this notion. While the European Information Society Directive 2001/29/EC (EUCD) is the main legal instrument analysed and criticised, the role of other Directives is also examined to the extent they address the relationship between lawful personal use and anticircumvention legislation. Legal developments in the United States could not have been absent from this discussion since anti-circumvention legislation was introduced there much earlier than the EUCD and important case-law and legal commentaries have developed since. Following the identification of problems regarding the operation of a minimum of lawful personal use in digital settings, the proposal to introduce a right to engage in self-help circumvention afforded to users of DRM-protected works for Europe is put-forward. Such a right would not undermine rightsholders incentives to offer works online and develop new business models but would acknowledge the users’ interest to interact and tinker with digital works taking full advantage of the new possibilities offered by digitisation.
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Saumtally, Anissa. "Economic catching-up, Technological progress and Intellectual property rights." Thesis, Bordeaux, 2017. http://www.theses.fr/2017BORD0829/document.
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L’objectif de cette thèse est de proposer une réponse à la question: Est-ce que les politiques de renforcement des droits de propriété intellectuelle telles que les TRIPS peuvent être bénéfiques aux pays en développement et leurs perspectives de rattrapage économique.?Pour répondre à cette question, on s’intéresse à la dynamique technologique sous-jacente au processus de rattrapage économique. Le premier chapitre propose une revisite empirique et analytique du modele de “catching-up and falling behind” de Verspagen (1991) qui se focalise sur l’étude du rôle des dynamiques d’innovation et d’imitation dans le processus de rattrapage économique. On trouve que même si la dynamique d’innovation est importante pour le rattrapage, la dynamique d’imitation se révèle nécessaire pour s’assurer que les pays en développement puissent développer leurs capacités qui leur permettront de prospérer. L’efficacité de la dynamique d’imitation est conditionnée par les caractéristiques du pays qui détermine sa capacité d’apprentissage (“Learning Capability”).Le deuxième chapitre se concentre sur la compréhension du fonctionnement des transferts de technologie entre les pays développés et les pays en développement. On s’intéresse aux mécanismes derrières les deux canaux de transferts principaux, le commerce international et les IDE, qui sont les canaux les plus étudiés dans la littérature. On déduit de ce chapitre la richesse et la complexité de ces mécanismes.Dans le troisième chapitre, on développe un modèle à base d’agents (ABM) pour représenter ces interactions Nord-Sud et leur complexité, avec une approche évolutionniste. Le modèle de base permet en particulier l’étude du mécanisme de transfert par la mobilité (locale) des travailleurs, un canal très peu étudié dans la littérature. Ceci nous permet d’étudier l’impact que les IDE peuvent avoir sur le développement et le rattrapage. On trouve que si les IDE des pays développés vers les pays en développement peuvent, sous certaines conditions, encourager les transferts de technologie et permettre ainsi le rattrapage, il y a tout de même des effets négatifs potentiels sur les industries locales, en particulier dans les pays les plus en retard.Le dernier chapitre propose une extension du modèle qui introduit les brevets et nous permet ainsi de répondre à la question principale. On observe que si les brevets permettent d’inciter les firmes du Nord à diffuser leur technologie et facilité le rattrapage, ces firmes demanderaient un e parfaite application des lois sur la propriété intellectuelle, ce qui serait trop sévère sur les firmes locales car cela bloquerait les imitations et surtout entraverait les efforts d’innovation de ces firmes, tout en procurant un bénéfice limité pour les firmes du Nord<br>The objective of this thesis is to propose an answer to the question: Can intellectual property rights policies such as TRIPS be beneficial for developing countries and their catching-up process?To answer this question, we first look at the technological dynamics behind the catching-up process. The first chapter thus provides an empirical and analytical update on the catching-up and falling behind model by Verspagen (1991), which focuses on studying the role of the innovation and imitation dynamics in the catching up process. Mainly, we find that while the innovation dynamic is important for the catching-up process, the imitation dynamic is necessary to ensure that countries build solid capabilities that will enable them to prosper. The efficiency of the imitation dynamics is dependent on policy factors that make up the learning capability of firms and ensure firms succeed assimilating knowledge.The second chapter focuses on understanding the way those technological transfers from developed to developing countries can occur, we focus on studying the mechanisms behind two main channels, that is international trade and FDIs, which represent the main form of North-South interactions studied in the literature. From this chapter we conclude that there is a rich diversity of complex mechanisms.In the third chapter, we thus build an agent-based model (ABM) to represent those North-South interactions and their complexities, with an evolutionary economics approach. The model allows us to study a particular mechanism: transfers through the local labour mobility, a channel seldom discussed in the literature. This allows us to study the impact FDI may have on development and catching-up outcomes. We find that while FDI from developed countries can, under the right conditions, encourage technological transfers and thus catching up, there are potential negative effects on local industries, in particular in countries largely behind.The final chapter proposes an extension of the model that introduces patents, in order to answer the main question. We find that while patents help motivate northern firms to disclose their technology and thus facilitate development, those firms would require a perfect level of enforcement that will be too harsh on local firms, block imitations and also severely hinder the southern firms’ innovative efforts, while generating limited gains for northern firms
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Bouvet, Isabelle. "Certain aspects of intellectual property rights in outer space." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp04/mq64265.pdf.
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Briggs, Kristie N. Field Alfred J. "Three essays on intellectual property rights in developing countries." Chapel Hill, N.C. : University of North Carolina at Chapel Hill, 2008. http://dc.lib.unc.edu/u?/etd,1573.
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Thesis (Ph. D.)--University of North Carolina at Chapel Hill, 2008.<br>Title from electronic title page (viewed Sep. 16, 2008). "... in partial fulfillment of the requirements for the degree of Doctor of Philosophy in the Department of Economics." Discipline: Economics; Department/School: Economics.
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Davis, Tara M. "International intellectual property rights : effectiveness of incentives for enforcement." Virtual Press, 2008. http://liblink.bsu.edu/uhtbin/catkey/1390656.
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In this technological age the distribution of information happens faster and easier than ever before. This ease of transfer of information brings challenges for international intellectual property rights protection. It addresses reasons governments work to increase enforcement and reasons governments do not comply with enforcement protocols. It assesses the pressure international agreements and incentives exert on governments to produce compliance. This paper evaluates 76 countries in three non-consecutive years on their level of enforcement. It includes a discussion of contributing factors to government choice in interaction and enforcement. The question of enforcement incentives is addressed both across time and across countries.<br>Department of Political Science
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Delicostopoulou, A. "Intellectual property rights as a barrier to world trade." Thesis, University of Exeter, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.286577.
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