TRIPS Compliance, National Patent Regimes and Innovation

TRIPS Compliance, National Patent Regimes and Innovation

Evidence and Experience from Developing Countries

Edited by Sunil Mani and Richard R. Nelson

This topical volume deals with the processes through which TRIPS compliance was achieved in four developing country jurisdictions: Brazil, China, India and Thailand. More importantly, it analyses the macro and micro implications of TRIPS compliance for innovative activity in industry in general, but focuses specifically on the agrochemical, automotive and pharmaceutical sectors.

Chapter 6: Conclusion

Sunil Mani and Richard R. Nelson

Subjects: development studies, development economics, economics and finance, development economics, economics of innovation, evolutionary economics, intellectual property

Extract

In this chapter we summarize the main findings from the country case studies. As stated earlier, the present study is a sequel to the work by Odagiri, Goto, Sunami and Nelson (2010), where the role of patents in catching up was examined. An important conclusion of this study, on the effect of TRIPS, was that it will depend on three things in particular. One is the policy that will be established in countries aiming to catch up, including prominently how these countries use the flexibilities under TRIPS in the determination of their patent law and practice. A second is how aggressive patent owners (in countries at the frontier) are in trying to enforce their patents, and the terms that they demand. A third is how, and how effectively, companies and governments in developing countries respond to legal and political pressures from patent owners in frontier countries and governments that support their interests.

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