Book contents
- Frontmatter
- Contents
- List of contributors
- Preface
- PART I International Provision of Public Goods under a Globalized Intellectual Property Regime
- PART II Innovation and Technology Transfer in a Protectionist Environment
- PART III Sectoral Issues: Essential Medicines and Traditional Knowledge
- PART IV Reform and Regulation Issues
- 22 Issues Posed by a World Patent System
- 23 Intellectual Property Arbitrage: How Foreign Rules Can Affect Domestic Protections
- 24 An Agenda for Radical Intellectual Property Reform
- Comment: Whose Rules, Whose Needs? Balancing Public and Private Interests
- 25 Diffusion and Distribution: The Impacts on Poor Countries of Technological Enforcement within the Biotechnology Sector
- 26 Equitable Sharing of Benefits from Biodiversity-Based Innovation: Some Reflections under the Shadow of a Neem Tree
- 27 The Critical Role of Competition Law in Preserving Public Goods in Conflict with Intellectual Property Rights
- 28 Expansionist Intellectual Property Protection and Reductionist Competition Rules: A TRIPS Perspective
- 29 Can Antitrust Policy Protect the Global Commons from the Excesses of IPRs?
- Comment I: Competition Law as a Means of Containing Intellectual Property Rights
- 30 “Minimal” Standards for Patent-Related Antitrust Law under TRIPS
- Comment II: Competitive Baselines for Intellectual Property Systems
- 31 WTO Dispute Settlement: Of Sovereign Interests, Private Rights, and Public Goods
- 32 The Economics of International Trade Agreements and Dispute Settlement with Intellectual Property Rights
- 33 Intellectual Property Rights and Dispute Settlement in the World Trade Organization
- 34 WTO Dispute Resolution and the Preservation of the Public Domain of Science under International Law
- 35 Recognizing Public Goods in WTO Dispute Settlement: Who Participates? Who Decides? The Case of TRIPS and Pharmaceutical Patents Protection
- Index
28 - Expansionist Intellectual Property Protection and Reductionist Competition Rules: A TRIPS Perspective
Published online by Cambridge University Press: 05 May 2010
- Frontmatter
- Contents
- List of contributors
- Preface
- PART I International Provision of Public Goods under a Globalized Intellectual Property Regime
- PART II Innovation and Technology Transfer in a Protectionist Environment
- PART III Sectoral Issues: Essential Medicines and Traditional Knowledge
- PART IV Reform and Regulation Issues
- 22 Issues Posed by a World Patent System
- 23 Intellectual Property Arbitrage: How Foreign Rules Can Affect Domestic Protections
- 24 An Agenda for Radical Intellectual Property Reform
- Comment: Whose Rules, Whose Needs? Balancing Public and Private Interests
- 25 Diffusion and Distribution: The Impacts on Poor Countries of Technological Enforcement within the Biotechnology Sector
- 26 Equitable Sharing of Benefits from Biodiversity-Based Innovation: Some Reflections under the Shadow of a Neem Tree
- 27 The Critical Role of Competition Law in Preserving Public Goods in Conflict with Intellectual Property Rights
- 28 Expansionist Intellectual Property Protection and Reductionist Competition Rules: A TRIPS Perspective
- 29 Can Antitrust Policy Protect the Global Commons from the Excesses of IPRs?
- Comment I: Competition Law as a Means of Containing Intellectual Property Rights
- 30 “Minimal” Standards for Patent-Related Antitrust Law under TRIPS
- Comment II: Competitive Baselines for Intellectual Property Systems
- 31 WTO Dispute Settlement: Of Sovereign Interests, Private Rights, and Public Goods
- 32 The Economics of International Trade Agreements and Dispute Settlement with Intellectual Property Rights
- 33 Intellectual Property Rights and Dispute Settlement in the World Trade Organization
- 34 WTO Dispute Resolution and the Preservation of the Public Domain of Science under International Law
- 35 Recognizing Public Goods in WTO Dispute Settlement: Who Participates? Who Decides? The Case of TRIPS and Pharmaceutical Patents Protection
- Index
Summary
ABSTRACT
The chapter is divided into two parts. In the first, an examination of the competition rules in the TRIPS Agreement confirms the authority of WTO Members to develop their own antitrust policy regarding IP-related restrictive practices, provided this is done consistently with the TRIPS principles of IP protection. In the second part, the preceding analysis is confronted with the new reality of IP policies, the changed function and modes of exploitation and protection in the innovation-driven, globalized high-tech economy. I argue that the backward-looking focus of TRIPS competition rules on technology dissemination does not match the actual trend of cooperation-based innovation, since, there, a level playing field may only be established by early participation in the innovation process and by early access to enabling information. As industrialized countries have revised their competition policy with a view to supporting group innovation and additionally enhancing the incentives resulting from IP protection, reliance on TRIPS competition rules as a model for domestic antitrust law might contribute to deepening rather then overcoming the technology dependence of developing countries.
Introduction
While the “preservation of public goods” as such is not a typical role for competition law, the application of this body of law to so-called knowledge goods presents particularly complex issues. Knowledge does not fit neatly into a framework of analysis that treats property as either private or public. Because knowledge is non-rivalrous in character, anyone may adopt it for his or her own individual purposes in the raw state of affairs.
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- International Public Goods and Transfer of Technology Under a Globalized Intellectual Property Regime , pp. 726 - 757Publisher: Cambridge University PressPrint publication year: 2005
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