The Political Economy Of The Patent System

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The Political Economy of the Patent System

Author : Jay P. Kesan
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis The Political Economy of the Patent System by : Jay P. Kesan

Download or read book The Political Economy of the Patent System written by Jay P. Kesan and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, many reform proposals have been presented in Congress for changing the patent system in the United States. Most of these proposals have been normative in nature and based on overcoming the many perceived shortcomings of the United States Patent and Trademark Office's (“Patent Office”) performance. Nonetheless, actual legislative reforms have failed to materialize. In this Article, we claim that in order to understand the chances of success of any reform to the patent system, we should take a closer look at the patent system's political economy. In particular, we should be aware of the different pressure groups with a stake in the system and their ability to influence congressional committees through which reform legislation is enacted. We study the different constituencies favoring or opposing the reform and the strength of their bargaining power based on publicly available empirical data on political contributions by different groups and analyze the impact of political contributions to individual congressional representatives on individual floor votes on the Patent Reform Bill of 2007. In addition, we also take into account the effect of the patent system on different technology industries and economic sectors. As we show, each proposal will generate winners and losers who will try to push reforms forward or prevent them from being enacted. In order to succeed, any reform will need a minimum consensus among these stakeholder groups: firms in different technology sectors, inventors, the patent bar (divided separately into patent prosecutors and litigators), the Patent Office, and the courts. Given the political processes, the final result of any reform will depart from any theoretical blueprint. As a consequence, a deeper understanding of this political process allows us to better understand the dynamics of reforms and the resultant characteristics of the patent system. In the end, as in any other institutional device, the characteristics and performance of the patent system, plus its sustainability or reforms over time, depend on the preferences of the polity, specifically on the preferences of the groups with a definite stake in the performance of the system. We also determine that the effects of the patent system on different technology and economic sectors will ultimately shape the different constituencies favoring or opposing the reform. We observe that support for any patent reform will depend on the specific factors that define the structure of each economic sector. Furthermore, in each sector, firms have different preferences depending on their economic power and particular stakes in the patent system.

The Political Economy of Innovation

Author : W. Kingston
Publisher : Springer Science & Business Media
ISBN 13 : 9400960719
Total Pages : 278 pages
Book Rating : 4.4/5 (9 download)

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Book Synopsis The Political Economy of Innovation by : W. Kingston

Download or read book The Political Economy of Innovation written by W. Kingston and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: Innovation is the turning of ideas into concrete realities. To the extent that this process is an economic one, it must also be subject to political decisions, and these determine which ideas are to have resources made available for their in novation. This book attempts to trace the relationship between ideas, resources and politics. Chapter I deals with the way economic innovation depends both upon markets and upon interference with markets. Schumpeter taught us how market power is essential for innovation. This chapter stresses that the inverse is also true: Innovation can take place wherever there is market power. A most important corollary of this, is that failure to develop any particular type of market power, need not prevent innovation from happening. It will then take place under the protection of whatever market power there is, and it will be geographically located wherever that market power is effective. Chapter II identifies and seeks to fill a major gap in the literature on innova tion, by showing how important modern marketing has become for providing the conditions under which money may be rationally invested at high risk to get new things done. Marketing monopoly, or Persuasive market power, is now at least as important as the market power of Capability, or as the several types of Specific market power, in interference with market forces. It is therefore equally important for innovation.

The Battle Over Patents

Author : Stephen H. Haber
Publisher : Oxford University Press
ISBN 13 : 019757615X
Total Pages : 393 pages
Book Rating : 4.1/5 (975 download)

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Book Synopsis The Battle Over Patents by : Stephen H. Haber

Download or read book The Battle Over Patents written by Stephen H. Haber and published by Oxford University Press. This book was released on 2021 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: This essay is the introduction to a book of the same title, forthcoming in summer of 2021 from Oxford University Press. The purpose is to document the ways in which patent systems are products of battles over the economic surplus from innovation. The features of these systems take shape as interests at different points in the production chain seek advantage in any way they can, and consequently, they are riven with imperfections. The interesting historical question is why US-style patent systems with all their imperfections have come to dominate other methods of encouraging inventive activity. The essays in the book suggest that the creation of a tradable but temporary property right facilitates the transfer of technological knowledge and thus fosters a highly productive decentralized ecology of inventors and firms.

The Economics of the International Patent System

Author : Edith Tilton Penrose
Publisher :
ISBN 13 :
Total Pages : 272 pages
Book Rating : 4.:/5 (89 download)

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Book Synopsis The Economics of the International Patent System by : Edith Tilton Penrose

Download or read book The Economics of the International Patent System written by Edith Tilton Penrose and published by . This book was released on 1951 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The International Political Economy of Intellectual Property Rights

Author : Meir Perez Pugatch
Publisher : Edward Elgar Publishing
ISBN 13 : 9781845420741
Total Pages : 298 pages
Book Rating : 4.4/5 (27 download)

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Book Synopsis The International Political Economy of Intellectual Property Rights by : Meir Perez Pugatch

Download or read book The International Political Economy of Intellectual Property Rights written by Meir Perez Pugatch and published by Edward Elgar Publishing. This book was released on 2004-01-01 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'This book is a substantial contribution to the discussion on trade-related intellectual property rights. It provides a clear, step-by-step, in-depth analysis of the TRIPS agreement, particularly as it relates to the European pharmaceutical industry. Politics, law and economics are judiciously blended. Meir Pugatch's work should be read not just by academic experts and students in the field, but also by trade policy and IPR practitioners interested in an accessible, policy-relevant treatment of the issues at hand.' - Razeen Sally, London School of Economics and Political Science, UK This book investigates the realm of intellectual property rights (IPRs) within the context of international political economy. In particular, it examines the extent to which powerful interest groups, such as pharmaceutical multinational companies, influence the political dynamism underlying the field of IPRs. Meir Perez Pugatch argues that a pure economic approach does not provide a sufficient or satisfactory explanation for the creation of intellectual property rights, most notably patents. The author instead suggests that a dynamic approach, based on the international political economy of interest groups and systemic outcomes, provides a better starting point for explaining how the international intellectual property agenda is determined.

Coalitions and Compliance

Author : Kenneth C. Shadlen
Publisher : Oxford University Press
ISBN 13 : 019253484X
Total Pages : 263 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Coalitions and Compliance by : Kenneth C. Shadlen

Download or read book Coalitions and Compliance written by Kenneth C. Shadlen and published by Oxford University Press. This book was released on 2017-08-04 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: Coalitions and Compliance examines how international changes can reconfigure domestic politics. Since the late 1980s, developing countries have been subject to intense pressures regarding intellectual property rights. These pressures have been exceptionally controversial in the area of pharmaceuticals. Historically, fearing the economic and social costs of providing private property rights over knowledge, developing countries did not allow drugs to be patented. Now they must do so, an obligation with significant implications for industrial development and public health. This book analyses different forms of compliance with this new imperative in Latin America, comparing the politics of pharmaceutical patenting in Argentina, Brazil, and Mexico. Coalitions and Compliance focuses on two periods of patent politics: initial conflicts over how to introduce drug patents, and then subsequent conflicts over how these new patent systems function. In contrast to explanations of national policy choice based on external pressures, domestic institutions, or Presidents' ideological orientations, this book attributes cross-national and longitudinal variation to the ways that changing social structures constrain or enable political leaders' strategies to construct and sustain supportive coalitions. The analysis begins with assessment of the relative resources and capabilities of the transnational and national pharmaceutical sectors, and these rival actors' efforts to attract allies. Emphasis is placed on two ways that social structures are transformed so as to affect coalition-building possibilities: how exporters fearing the loss of preferential market access may be converted into allies of transnational drug firms, and differential patterns of adjustment among state and societal actors that are inspired by the introduction of new policies. It is within the changing structural conditions produced by these two processes that political leaders build coalitions in support of different forms of compliance.

Innovation, Creativity and Law

Author : W. Kingston
Publisher : Springer Science & Business Media
ISBN 13 : 940090455X
Total Pages : 247 pages
Book Rating : 4.4/5 (9 download)

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Book Synopsis Innovation, Creativity and Law by : W. Kingston

Download or read book Innovation, Creativity and Law written by W. Kingston and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book develops the theme of my earlier Innovation: The Creative Impulse in Human Progress, and considerably expands the latter book. I came to the study of innovation from experience in industry which had brought me into close practical contact with it, and my initial interest in the subject was in terms of the way in which it expressed human creativity. Progressively, however, my focus shifted towards the laws which help or hinder creativeness in being economically fruitful. This led to the writing of The Political Economy of Innovation and the editing of Direct Protection of Innovation. In the latter work, I had the opportunity of arguing the case for specific new law to complement the Patent system, and of having that case criticised by experts. Just as the first book set economic innovation in a wider context of creativity, the present one sets the law that makes it possible in a wider context of property rights. This is because my study of intellectual property resulted in growing awareness of the incomparable past value and even greater future potential of these rights for innovation and prosperity. My intellectual debt to Douglass North is as great in this later stage as it was to Joseph Schumpeter in the earlier one, and to Christopher Dawson, by whom I had the good fortune to be taught in person, in both.

An Economic Review of the Patent System

Author : Fritz Machlup
Publisher :
ISBN 13 :
Total Pages : 100 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis An Economic Review of the Patent System by : Fritz Machlup

Download or read book An Economic Review of the Patent System written by Fritz Machlup and published by . This book was released on 1958 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt: At head of title: 85th Cong., 2d sess. Committee print. Bibliography: p. 81-86.

The Political Economy of Patent Policy Reform in the United States

Author : Frederic M. Scherer
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis The Political Economy of Patent Policy Reform in the United States by : Frederic M. Scherer

Download or read book The Political Economy of Patent Policy Reform in the United States written by Frederic M. Scherer and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper explores a paradox: the extensive tilt toward strengthened patent laws in the United States and the world economy during the 1980s and 1990s, even as economic research was revealing that patents played a relatively unimportant incentive role in most large companies' research and development investment decisions. It proceeds by tracing the political and evidence-based history of several major initiatives: the Bayh-Dole and Stevenson-Wydler Acts of 1980, the creation of the Court of Appeals for the Federal Circuit in 1984, the Hatch-Waxman Act of 1984, changes in antitrust presumptions, and the inclusion of TRIPS provisions in the new international trade rules emerging in 1993 from the Uruguay Round. An excursion follows into the relatively sudden ascent of the term "intellectual property" as a form of propaganda. Suggestions for further policy reforms are offered.

The National System of Political Economy

Author : Friedrich List
Publisher :
ISBN 13 :
Total Pages : 422 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The National System of Political Economy by : Friedrich List

Download or read book The National System of Political Economy written by Friedrich List and published by . This book was released on 1904 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Trade in Ideas

Author : Eskil Ullberg
Publisher : Springer Science & Business Media
ISBN 13 : 1461412722
Total Pages : 218 pages
Book Rating : 4.4/5 (614 download)

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Book Synopsis Trade in Ideas by : Eskil Ullberg

Download or read book Trade in Ideas written by Eskil Ullberg and published by Springer Science & Business Media. This book was released on 2012-02-02 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: The economic system is generally understood to operate on the premise of exchange. The most important factor in economic development has always been technology, as a way to expand a limited resource base. Such increase in technology and knowledge is generally accepted by economists, but the mechanisms of exchange through which this happens are much less studied. Generally, a static analysis of product exchange, incorporating new technology, has been undertaken. This book explores the transition of trade in ideas from an exchange largely within firms and nations to an exchange between firms and nations. This process has been going on since the beginning of the patent system, where importing (trading) technology was made policy in 1474, more than 500 years ago. However, during the past 25-30 years, a growth in exchange of technology between specialized firms, cooperating based on patent licensing, has been phenomenal, with annual licensing transactions exceeding a trillion dollars, not counting value of cross-licensing. Such specialized exchange has been seen in history but not at this scale and level of coordination. Using principles of experimental economics, the author investigates the licensing contract and mechanisms of exchange (rules of trade) as this exchange moves towards organized markets with prices. A key issue concerns the effect of introducing demand side bidding, through which the patent system introduces specialization and multiple use of the same technology in different new products, thus expanding the use of technology a firm has to more actors, products, and consumers. The risk and uncertainty in market access for cheaper, better and unique products and services are reduced through new and competitive technology. Questions raised are related to the “optimal” integration of information and rules in dynamic exchange of patents through institutions. The view presented shows how inventors and traders can sell their intellectual property to buyers in a producer market, in this case in licensing contracts on patents, to diversify risk and monetize value based on an experimental economic study where the performance and behavioral properties of these institutions is the object of investigation. More fundamentally the work illustrates the theoretical, design, and patent system policy issues in a transition from personal to impersonal trade in ideas. This book explores the transition of trade in ideas from an exchange largely within firms and nations to an exchange between firms and nations. This process has been going on since the beginning of the patent system, where importing (trading) technology was made policy in 1474, more than 500 years ago. However, during the past 25-30 years, a growth in exchange of technology between specialized firms, cooperating based on patent licensing, has been phenomenal, with annual licensing transactions exceeding a trillion dollars, not counting value of cross-licensing. Such specialized exchange has been seen in history but not at this scale and level of coordination. Using principles of experimental economics, the author investigates the licensing contract and mechanisms of exchange (rules of trade) as this exchange moves towards organized markets with prices. A key issue concerns the effect of introducing demand side bidding, through which the patent system introduces specialization and multiple use of the same technology in different new products, thus expanding the use of technology a firm has to more actors, products, and consumers. The risk and uncertainty in market access for cheaper, better and unique products and services are reduced through new and competitive technology. Questions raised are related to the “optimal” integration of information and rules in dynamic exchange of patents through institutions. The view presented shows how inventors and traders can sell their intellectual property to buyers in a producer market, in this case in licensing contracts on patents, to diversify risk and monetize value based on an experimental economic study where the performance and behavioral properties of these institutions is the object of investigation. More fundamentally the work illustrates the theoretical, design, and patent system policy issues in a transition from personal to impersonal trade in ideas.

The Intellectual Property Debate

Author : Meir Perez Pugatch
Publisher : Edward Elgar Publishing
ISBN 13 : 1847201784
Total Pages : 389 pages
Book Rating : 4.8/5 (472 download)

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Book Synopsis The Intellectual Property Debate by : Meir Perez Pugatch

Download or read book The Intellectual Property Debate written by Meir Perez Pugatch and published by Edward Elgar Publishing. This book was released on 2006-01-01 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: . . . a lovely little book which is full of telling points. Read it and you won t be disappointed. Jeremy Phillips, IPkat.com Meir Pugatch has done an excellent job by assembling an international and diverse cast of contributing authors, who have offered new insights into a broad span of the most pressing IP-related issues. . . a collection of high quality articles by eminent authorities on IPR is very useful for scholars in the academic fields of law, practitioners, and government officials interested in the field of international trade and intellectual property policy; intellectual property law, technology transfer and valuation and international business. Madhu Sahni, Journal of Intellectual Property Rights Intellectual property (IP) has become one of the most influential and controversial issues in today s knowledge-based society. This challenging book exposes the reader to key issues at the heart of the public debate now taking place in the field of IP. It considers IP at the macro level where it affects many issues. These include: international trade policy, ownership of breakthrough technologies, foreign direct investment, innovation climates, public private partnerships, competition rules and public health where it is strongly embedded in contemporary business decision making. Meir Pugatch has assembled an international and diverse cast of contributing authors, who offer new insights into a broad span of the most pressing IP-related issues. They shed light on the increasing dominance of IP in the design and execution of basic and applied research, the evaluation of intangible assets, and the protection and management of knowledge assets, underscoring its importance in relation to national economic development strategies and business strategies of knowledge-based industries and companies. The Intellectual Property Debate will appeal to scholars, practitioners, and government officials interested in the fields of international trade and intellectual property policy, intellectual property law, technology transfer and valuation, and international business.

The Political Economy of the Research Exemption in American Patent Law

Author : Nicholas Short (J.D.)
Publisher :
ISBN 13 :
Total Pages : 41 pages
Book Rating : 4.:/5 (959 download)

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Book Synopsis The Political Economy of the Research Exemption in American Patent Law by : Nicholas Short (J.D.)

Download or read book The Political Economy of the Research Exemption in American Patent Law written by Nicholas Short (J.D.) and published by . This book was released on 2016 with total page 41 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most important questions in innovation policy today is whether the acts of making and using a patented invention for research purposes should be exempt from infringement liability, also known as the research exemption. Most of the legal scholarship about the research exemption has focused on normative questions like whether the law should have an exemption and what form it should take. Few if any articles have approached the research exemption as a case study in the political economy of American patent law. This article analyzes the legal and political history of the research exemption from 1970 to the present in order to illustrate and expand upon existing theories about the political economy of American patent law. The history was constructed by first using law review commentary to identify all major instances when the research exemption became a prominent issue in a judicial, legislative, or executive forum, and then analyzing primary sources from those debates to identify the individuals and institutions that participated and the arguments they made. One major conclusion is that faulty economic ideology has played a significant role in shaping policy towards the research exemption, and that the Court of Appeals Federal Circuit--the standard bearer for that ideology--has exhibited a strong institutional bias against the research exemption. Together, these forces have created an excessively complex policy environment that is placing a significant strain on the national research system, a strain that executive agencies and the courts have tried to alleviate through ad hoc agreements and modifications of other patent doctrines, like the doctrine of subject matter eligibility.

The Battle over Patents

Author : Stephen H. Haber
Publisher : Oxford University Press
ISBN 13 : 0197576184
Total Pages : 393 pages
Book Rating : 4.1/5 (975 download)

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Book Synopsis The Battle over Patents by : Stephen H. Haber

Download or read book The Battle over Patents written by Stephen H. Haber and published by Oxford University Press. This book was released on 2021-08-06 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: An examination of how the patent system works, imperfections and all, to incentivize innovation Do patents facilitate or frustrate innovation? Lawyers, economists, and politicians who have staked out strong positions in this debate often attempt to validate their claims by invoking the historical record--but they frequently get the history wrong. The Battle over Patents gets it right. Bringing together thoroughly researched essays from prominent historians and social scientists, this volume traces the long and contentious history of patents and examines how they have worked in practice. Editors Stephen H. Haber and Naomi R. Lamoreaux show that patent systems are the result of contending interests at different points in production chains battling over economic surplus. The larger the potential surplus, the more extreme are the efforts of contending parties-now and in the past-to search out, generate, and exploit any and all sources of friction. Patent systems, as human creations, are therefore necessarily ridden with imperfections. This volume explores these shortcomings and explains why, despite all the debate, historically US-style patent systems still dominate all other methods of encouraging inventive activity.

The Global Political Economy of Intellectual Property Rights

Author : Christopher May
Publisher : Routledge
ISBN 13 : 1136361170
Total Pages : 213 pages
Book Rating : 4.1/5 (363 download)

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Book Synopsis The Global Political Economy of Intellectual Property Rights by : Christopher May

Download or read book The Global Political Economy of Intellectual Property Rights written by Christopher May and published by Routledge. This book was released on 2013-10-08 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt: It has become a commonplace that there has been an information revolution, transforming both society and the economy. In 1995 the Trade Related Intellectual Property (TRIPs) agreement aimed to harmonise protection for property in knowledge throughout the global system. This book considers the contemporary disputes about the ownership of knowledge resources - as in the cases of genetically modified foods, the music industry or the internet - and the problematic nature of the TRIPs agreement. In this highly topical book, Christopher May reveals that, because of such problems, at present the balance in intellectual property rights between public good and private reward is more often than not weighted towards the latter.

The Patent System and the Modern Economy

Author : George E. Frost
Publisher :
ISBN 13 :
Total Pages : 88 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis The Patent System and the Modern Economy by : George E. Frost

Download or read book The Patent System and the Modern Economy written by George E. Frost and published by . This book was released on 1957 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Economic Analyses of the European Patent System

Author : Stefan Wagner
Publisher : Springer Science & Business Media
ISBN 13 : 383509050X
Total Pages : 150 pages
Book Rating : 4.8/5 (35 download)

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Book Synopsis Economic Analyses of the European Patent System by : Stefan Wagner

Download or read book Economic Analyses of the European Patent System written by Stefan Wagner and published by Springer Science & Business Media. This book was released on 2007-12-14 with total page 150 pages. Available in PDF, EPUB and Kindle. Book excerpt: Stefan M. Wagner analyses problems associated with institutional changes (duration of patent examination and opposition mechanisms), the expansion of the patentable subject matter and organizational challenges for industrial patentees. The study is based on the empirical analysis of large scale datasets on European patents and employs advanced multivariate methods such as semi-parametric and panel-data regression methods.