Book contents
- Frontmatter
- Contents
- Tables
- Figures
- Boxes
- Contributors
- Preface
- Editorial Note
- 1 Introduction: Towards a Fresh Contribution to a Critical Policy Dialogue
- Part I Setting the Scene: Evolution of Key Principles and International Dialogue
- Part II Sharpening the Focus: Sectoral Perspectives
- Part III Deepening the Dialogue: Comparative and Jurisdictional Analyses
- Part IV Drawing the Lessons: Towards International Policy Coherence
- Index
13 - Competition Policy and Intellectual Property: Insights from Developed Country Experience
from Part II - Sharpening the Focus: Sectoral Perspectives
Published online by Cambridge University Press: 04 June 2021
- Frontmatter
- Contents
- Tables
- Figures
- Boxes
- Contributors
- Preface
- Editorial Note
- 1 Introduction: Towards a Fresh Contribution to a Critical Policy Dialogue
- Part I Setting the Scene: Evolution of Key Principles and International Dialogue
- Part II Sharpening the Focus: Sectoral Perspectives
- Part III Deepening the Dialogue: Comparative and Jurisdictional Analyses
- Part IV Drawing the Lessons: Towards International Policy Coherence
- Index
Summary
To encourage technological innovation and the international transfer of technology on a harmonized basis, the Agreement establishing the World Trade Organization (WTO), adopted at Marrakesh in April 1994, included the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement). The TRIPS Agreement contains rules on how countries should protect, utilize and enforce intellectual property rights (IPRs) and articulates measures to prevent the abuse of IPRs. Before TRIPS was negotiated, some WTO members already had active policies to combat IPR abuses, among other things, under their patent and competition laws. For most newly developing countries, however, the TRIPS abuse provisions necessitated policy innovations, including the development of criteria to identify actionable abuses and to formulate appropriate remedies. As a guide to countries that must evolve their own policies and practices de novo, this chapter reviews the history of abuse mitigation measures implemented in the United States, a jurisdiction with some of the most extensive relevant experience and supplements those insights with an analysis of policies adopted in a particularly patent-sensitive field of technology, namely pharmaceuticals.
- Type
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- Information
- Publisher: Cambridge University PressPrint publication year: 2021