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Intellectual property and competition law research paper

intellectual property and competition law research paper

of issues where not much work has yet been done in developing countries but that could be of relevance in tackling the interface between IP and competition policies. It further assesses achievements and challenges of 30 years of Chinese intellectual property law reform before providing concluding remarks on Chinas Long March Forward towards intellectual property policy, law and enforcement. The relationship between competition law and policy and IP stands high in the wipo Development Agenda recently adopted by the wipo General Assembly. 39 Pages Posted: Last revised: Date Written: March 3, 2011, abstract, with 10 years having cover of research paper passed since Chinas accession to the World Trade Organization, the time is ripe for an assessment of the achievements and challenges of Chinas Long March towards a modern intellectual property. It continues to be urgent, therefore, to ask how can developing countries use IP tools to advance their development strategy? If you have authored this item and are not yet registered with RePEc, we encourage you to do it here.

intellectual property and competition law research paper

You can help adding them by using this form. The study explores a number of issues that could be relevant to developing countries in addressing the interface between these two disciplines where the understanding of law and economics poses unique analytical challenges to policy-makers. We have no references for this item. To address some of these questions, the ictsd Programme on Intellectual Property and Sustainable Development was launched in July 2000. Keywords: China, World Trade Organization (WTO Intellectual Property Law, Enforcement, Innovation. Contents, abstracting and indexing edit, the journal is abstracted and indexed in: See also edit, references edit, external links edit, retrieved from " ". However, it does not specifically address this issue, as there is abundant literature on national experiences on this matter, as well as on the interpretation of the trips Agreement and the legal approaches that developing countries may adopt. We hope you will find this study an additional contribution to the debate on IP and sustainable development and particularly in responding to the need for increased awareness and better understanding of the interface between IP and competition policy. What are the key concerns surrounding the issues of IP for developing countries? These are essential questions that policy makers need to address in order to design IP laws and policies that best meet the needs of their people and negotiate effectively in future agreements. The, international Review of Intellectual Property and Competition Law is a peer-reviewed academic journal published by, springer ScienceBusiness Media on behalf of the, max Planck Institute for Innovation and Competition. Competition law and policies are essential components of these checks and balances.

In fact, in most of these countries intellectual property rights have been expanded and strengthened in the absence of an operative body of competition law, in contrast to developed countries where the introduction of higher levels of IP protection has taken place in normative contexts. Others stress that IP, especially some of its elements, such as the patenting regime, will adversely affect the pursuit of sustainable development strategies by: raising the prices of essential drugs to levels that are too high for the poor to afford; limiting the availability. The use of compulsory licences to remedy anti-competitive practices is also examined together with a number of state interventions that determine key aspects of their competition policies.