TRIPS Compliance, National Patent Regimes and Innovation Evidence and Experience from Developing Countries
Evidence and Experience from Developing Countries
Edited by Sunil Mani and Richard R. Nelson
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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