Part III Tests of Abuse, 8 The Consumer Harm Test

2011 ◽  
Author(s):  
Nazzini Renato
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Social Welfare ◽  
Intellectual Property Rights ◽  
Product Innovation ◽  
Consumer Welfare ◽  
Competition Rules ◽  
Vertical Foreclosure

This chapter studies the consumer harm test. The consumer harm test asks whether the conduct of the dominant undertaking results in higher prices, lower output, or reduced product innovation. The test is not necessarily the manifestation of a consumer welfare objective of the competition rules but is consistent with the achievement of long-term social welfare. Therefore, the test may be applied under Article 102 even if this provision does not aim at maximizing some measure of consumer welfare but long-term social welfare. The chapter then looks at the consumer harm test in vertical foreclosure, focusing on refusal to supply and margin squeeze. Proof of consumer harm is required in all vertical foreclosure cases and not only when the refusal to supply relates to intellectual property rights.

Analysis The Role of Law in Protecting Intellectual Rights and Their Relationship to Social Welfare

2020 ◽  
Vol 2 (2) ◽  
pp. 18-26
Author(s):  
Wandi Subroto
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Social Welfare ◽  
Intellectual Property Rights ◽  
Integrated Circuit ◽  
The State ◽  
Industrial Property ◽  
Government Regulations ◽  
Binding Power

This study aims to analyze the role of law in protecting intellectual rights and their relationship to social welfare. This research belongs to the research that uses the juridical-normative method. The legal sources used in this study are secondary legal sources, which based on their legally binding power, consist of primary legal materials in the form of theories, norms, rules, and opinions of legal experts related to the intellectual property protection legal system associated with community welfare issues, and the role of strategy that the state can play besides the use of secondary and tertiary legal materials. Based on the study of legal sources, it can be seen that regarding the definition, recognition, and protection of intellectual property rights in Indonesia, it is regulated in the law and further regulated in Government Regulations. Intellectual property rights recognized and protected in Indonesia are Copyright and Industrial Property Rights, which consist of trademarks, patents, trade secrets, integrated circuit layout designs, and protection of plant varieties. This is very important to be maintained by the state, and the goal is to improve social welfare as mandated in the constitution.

Biotechnology in Brazil: An Industry Overview

2012 ◽  
Vol 18 (4) ◽  
Author(s):  
Ezequiel Zylberberg ◽  
Claudia Zylberberg ◽  
Asli Ceylan Oner
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Research And Development ◽  
Intellectual Property Rights ◽  
Capital Accumulation ◽  
Industry Growth ◽  
Venture Capital Firms ◽  
Government Involvement ◽  
Biotechnology Sector

Recently becoming the sixth largest economy in the world, Brazil has relied, in large part, on its comparative advantages of resource extraction and agriculture. Sustained long-term growth will require Brazil moves into higher value industries that build of off its comparative advantage. Biotechnology has surfaced as a sector of strategic importance, and government involvement in finance, education and research and development has created an industry on the cusp of global significance. By examining sources of finance, human capital accumulation, research and development, intellectual property rights and supporting institutions, we seek to provide a broad overview of Brazil’s nascent biotechnology sector. Spotlights of the agriculture, human health and reagent industries as well as an analysis of the Minas Gerais biotechnology cluster flesh out biotechnology’s place in Brazil’s economy. An antiquated intellectual property rights regime, an insufficient number of qualified researchers and dearth of venture capital firms and private sources of finance are key bottlenecks that must be addressed in order to promote industry growth and consolidation.

scholarly journals Valuing Intellectual Property Rights in an Imperfectly Competitive Market: A Biopharming Application

2009 ◽  
Vol 41 (3) ◽  
pp. 571-583
Author(s):  
Genti Kostandini ◽  
Bradford F. Mills
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Transgenic Tobacco ◽  
Market Power ◽  
Intellectual Property Rights ◽  
Consumer Welfare ◽  
Production Costs ◽  
Imperfectly Competitive ◽  
Antitrust Laws ◽  
Established Firms

Small research firms developing biotechnology applications often focus on establishing intellectual property rights (IPRs), which can then be sold to more established firms with existing market channels. This paper presents a method for valuing the IPRs for an innovation that lowers product production costs below those associated with the patented process of a monopolist. The application to Glucocerebrosidase enzyme from transgenic tobacco suggests an IPRs value of about $1.75 billion. Despite the innovator's market power, significant surplus gains also accrue to consumers. Further, U.S. antitrust laws that prohibit IPRs acquisition by the current monopolist increase consumer welfare by almost 50%.

Foreign Direct Investment and Intellectual Property Rights: International Intangible Assets in Spain over the Long Term

2017 ◽  
Vol 18 (4) ◽  
pp. 846-892 ◽  
Author(s):  
PATRICIO SÁIZ ◽  
RAFAEL CASTRO
Keyword(s):  
Foreign Direct Investment ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Direct Investment ◽  
Intangible Assets ◽  
Significant Research ◽  
Nineteenth And Twentieth Centuries ◽  
Ipr Protection

This article reflects on foreign direct investment (FDI) and intellectual property rights (IPRs) over the long term, and analyzes the case of Spain during the nineteenth and twentieth centuries. Although the interactions between IPRs and FDI have attracted significant research efforts in distinct economic and business areas, the results lack permanent answers. Our findings demonstrate that, from a macro-level perspective: (1) FDI and IPRs are effectively related over the long term; (2) weak IPR protection does not seem to have stopped FDI; and (3) the countries with major FDI in Spain were less worried about IPR management than were other countries with less FDI.

Sign in / Sign up

Export Citation Format

Share Document