Expansionist Intellectual Property Protection and Reductionist Competition Rules: A TRIPS Perspective

Ullrich, Hanns

doi:10.2139/ssrn.632322

Cited by 9 publications

(4 citation statements)

References 2 publications

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“…7 Another argument suggests the problems are mostly of a more fundamental and systemic nature and relate to the effects of the patent system especially to the component industries, where anticommons issues have mainly been reported. In these areas, innovation can be characterised as 'an evolutionary process' (Howarth and MaMahon, 2008) which involves cumulative and sequential innovation (Reichman, 2000;Reichman and Lewis, 2005;Ullrich, 2005;Gowers Review, 2006) and where most innovators are 'standing on the shoulders of giants' (Scotchmer, 1991). This set-up challenges traditional patent law which can be described as being 'based on the idea of functionally independent proprietary elements' (Rahnasto, 2003).…”

Section: Clearing a Path Through The Thicketsmentioning

confidence: 99%

“…This set-up challenges traditional patent law which can be described as being 'based on the idea of functionally independent proprietary elements' (Rahnasto, 2003). In an environment characterised by cumulative and incremental inventions, the 'individualistic orientation' (Ullrich, 2005) may serve as a brake on knowledge production and exploitation, rather than as a booster.…”

Section: Clearing a Path Through The Thicketsmentioning

confidence: 99%

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Increasing access to patented inventions by post-grant measures

Schovsbo

2009

Sci. and Pub. Pol.

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This paper builds on the recommendation in the Scientific and Technological Options Assessment report for the European Parliament to improve the European patent system to 'increase access to patented inventions'. The paper first provides some background information on the patent system and the limitations on access to protected technology from 'thickets' and the so-called 'tragedy of the anticommons'. It then discusses the use of (some) post-grant measures to increase access to patented inventions. Traditionally, patent law has not paid much attention to such measures. The paper argues that developments suggest that there is good reason to reconsider this reluctance and to include measures in the European patent legislation which seek to increase access to patented inventions. Finally, the paper discusses three such measures: compulsory licences, licences of rights, and behavioural rules.

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Section: Clearing a Path Through The Thicketsmentioning

confidence: 99%

Section: Clearing a Path Through The Thicketsmentioning

confidence: 99%

Increasing access to patented inventions by post-grant measures

Schovsbo

2009

Sci. and Pub. Pol.

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“…As Hanns Ullrich noted, this intervention ''is to safeguard the incentive and reward rationales of intellectual property protection while at the same time controlling the risks of an undue extension of legal exclusivity''. 9 Nevertheless, now there is much more. This health crisis has taken place in the middle of the Fourth Industrial Revolution.…”

mentioning

confidence: 99%

Thinking Slow About IP in Times of Pandemic

Otero

2020

IIC

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“…The nub of the campaign centres on how these factors promote private rights over public commons (Drahos, 2005;Tansey, 2005;Ulrich, 2005) and restrict development policy space in developing countries (Wade, 2005;Chang, 2005). Opponents contend these block generic competition, raise drug prices, and divert R&D investment away from neglected diseases 2 (Mayne, 2002;Balasubramanian, 2002).…”

Section: IImentioning

confidence: 99%

Trade, Medicines & Human Rights: Protecting Access to Medicines in Fiji & the Pacific

Meads¹

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<p>Restrictive provisions in international trade agreements, particularly trade related intellectual property rights (TRIPS), are impeding access to essential medicines in developing countries, making medicines unaffordable to poor people. The extent to which trade restrictions have adverse effects on health and economic development in Fiji and the Pacific region may depend critically on how Pacific Island Countries cope with the forces of regionalism and the realities of joining the global trading system, where there are pressures to make concessions in TRIPS. Yet awareness is relatively low. A central question to be asked here is what underlying factors shape how Pacific islanders view trade and access to medicines, notably in the area of trade, health, local culture, and human rights and what are the regional and national responses to mitigate potential trade impediments. By combining a public health lens with a multi-sector review of population health trends, intellectual property rights law, trade policymaking, and human rights, this research elaborates multidisciplinary findings that are usually less evident because they are conventionally researched and managed on a sector-by-sector basis. The findings suggest human rights are less significant in this debate, with challenges associated with small island developing states, local cultural preferences and pressures from regionalism, having more of a direct influence. The combined effect of these factors may be creating a unique context that is leading the Pacific region not to deal with these issues as well as some other developing countries might. This paper also discusses the emergence of two new challenges for human rights theory; to promote the collective rights of individual countries in the 'new regionalism', and the relationship with traditional knowledge.</p>

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Expansionist Intellectual Property Protection and Reductionist Competition Rules: A TRIPS Perspective

Cited by 9 publications

References 2 publications

Increasing access to patented inventions by post-grant measures

Increasing access to patented inventions by post-grant measures

Thinking Slow About IP in Times of Pandemic

Trade, Medicines & Human Rights: Protecting Access to Medicines in Fiji & the Pacific

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