Patent-Antitrust Interface: Balancing IPR and Competition in Developing Countries
Economic growth requires a balance between Intellectual Property Rights (IPR) and competition. Developing countries face challenges in incentivizing innovation while safeguarding consumer welfare. The discussion delves into the complexities of the patent-antitrust interface, emphasizing the need for a more pro-consumer approach and tailored strategies for fostering innovation in these regions.
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A Developmental Approach to the Patent- Antitrust Interface Plenary 1: Finding the Right Balance between IPR and Competition Thomas K. Cheng University of Hong Kong
Economic Growth vs. Development Solow, Romer and other economists have identified productivity growth/improvement as the key to economic growth Development: More than just economic growth Some concern for equitable distribution of income Other developmental dimensions such as access to basic healthcare and education .
Innovation and Developing Countries A theoretical analysis of the relationship between patent protection and incentive to innovate Empirical studies Taylor & Silberston (1973) Mansfield (1986) The Yale survey (1987) Scherer & Weisburst (1995)
Innovation and Developing Countries Innovation Incentive Externalities A concern for developing countries? Arguments in favor of a pro-consumer stance toward the patent-antitrust interface: Excessive consumer welfare loss Impaired access to basic necessities Stifling of domestic imitation
Some General Principles Scepticism about innovation incentive-based justifications Industry-specific approach Need to provide room for domestic innovation Focus on protecting consumer welfare Special regard to SMEs
Questions for consideration How feasible is the more pro-consumer approach to the patent-antitrust interface outlined above? Is an industry-specific approach too complicated for developing countries? At what point does a developing country to acquire sufficient innovative capacity for the law to be more focused on innovation?
