The biotechnology sector and US gene patents: Legal challenges to intellectual property rights and the impact on basic research and development

2012 ◽  
Vol 39 (6) ◽  
pp. 815-826 ◽  
Author(s):  
T. A. Hemphill
2003 ◽  
Vol 2 (1) ◽  
pp. 27-53
Author(s):  
Peter Phillips ◽  
Morteza Haghiri

AbstractThe increasing population of developing countries, which creates an increasing demand for food, is severely challenging traditional agricultural practices. Recent scientific developments have introduced biotechnology techniques to agriculture. To increase the benefits from implementing biotechnology, countries need both to continuously invest in research and development in their biotechnology sector and to implement a series of complementary policies. Establishing and enforcing the intellectual property rights of plant breeders are among of these policies. The successful institution of plant breeders' rights is influenced by market institutions and the legal system, which together comprise the environmental structure of the economy. Since property rights are not well established in most developing and developed countries, individual research and innovations cannot be protected from intellectual property piracy. As a result, there is little incentive to continue investment in research and development in biotechnology in those markets. This paper proposes a model of regional intellectual property rights for developing countries where individual intellectual property rights are not enforceable.


2019 ◽  
Vol 46 (6) ◽  
pp. 756-774 ◽  
Author(s):  
Misbah Habib ◽  
Jawad Abbas ◽  
Rahat Noman

Purpose The purpose of this paper is to investigate the impact of human capital (HC), intellectual property rights (IPRs) and research and development (R&D) expenditures on total factor productivity (TFP), which leads to economic growth. Design/methodology/approach The panel data technique is used on a sample of 16 countries categorized into two groups, namely Brazil, Russia, India and China (BRIC) and Central and Eastern European (CEE) countries and, in order to make a comparison for the time period of 2007–2015, the researchers used a fixed effect model as an estimation method for regression. Findings The results indicate that HC, IPRs and R&D expenditures appear to be statistically significant and are strong factors in determining changes in TFP and exhibit positive results in all sample sets. Moreover, IPRs alone do not accelerate growth in an economy, especially taking the case of emerging nations. Originality/value Considering the importance of CEE and BRIC countries, and inadequate research on these regions with respect to current study’s variables and techniques, the present research provides valuable insights about the importance of HC, IPR and R&D activities and their impact on TFP, which leads to economic growth. IPRs create a fertile environment for R&D activities, knowledge creation and economic development. Distinct nations can attain better economic status via HC, R&D activities, innovation, trade and FDI, although the relative significance of these channels is likely to differ across countries depending on their developmental levels.


2012 ◽  
Vol 18 (4) ◽  
Author(s):  
Ezequiel Zylberberg ◽  
Claudia Zylberberg ◽  
Asli Ceylan Oner

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.


Author(s):  
Ayman Chit ◽  
Paul Grootendorst

Drug companies are profit-maximizing entities, and profit is, by definition, revenue less cost. Here we review the impact of government policies that affect sales revenues earned on newly developed drugs and the impact of policies that affect the cost of drug development. The former policies include intellectual property rights, drug price controls, and the extension of public drug coverage to previously underinsured groups. The latter policies include regulations governing drug safety and efficacy, R&D tax credits, publicly funded basic research, and public funding for open drug discovery consortia. The latter policy, public funding of research consortia that seek to better understand the cellular pathways through which new drugs can ameliorate disease, appears very promising. In particular, a better understanding of human pathophysiology may be able to address the high failure rate of drugs undergoing clinical testing. Policies that expand market size by extending drug insurance to previously underinsured groups also appear to be effective at increasing drug R&D. Expansions of pharmaceutical intellectual property rights seem to be less effective, given the countervailing monopsony power of large public drug plans.


2020 ◽  
Vol 13 (2) ◽  
pp. 407-442
Author(s):  
Nadia Naim

AbstractThe purpose of this article is to assess how Islamic finance can act as a vehicle to enhance the current intellectual property rights regime in the Gulf Cooperation Council (GCC). Islamic finance has developed within the constraints of sharia law and has been a growth sector for the GCC. This article will identify the main principles of Islamic finance that contribute to the success of Islamic finance, which can enhance intellectual property protection in the GCC. The main sharia-compliant areas to be considered are musharaka, mudaraba, murabaha, takaful, istisna, ijara, salam and sukuk. The article will outline the founding principles of Islamic finance, the governance of sharia boards, development of Islamic finance in the individual GCC states, different frameworks of sharia-compliant investment products and the impact of intellectual property rights on the varying Islamic finance investment tools. Furthermore, the article will discuss an integrated approach to intellectual property rights which learns lessons from the Islamic finance sector in relation to infrastructure, regulation and sharia compliance. The lessons learnt from Islamic finance will inform the overall framework of recommendations for an Islamic intellectual property model. The use of Islamic finance as a vehicle to promote better intellectual property rights in terms of defining a new intellectual property approach is novel. It is aimed at spearheading further research in this area, and it will form a part of the overall integrated approach proposals to intellectual property protection in the GCC and beyond.


2014 ◽  
Vol 05 (03) ◽  
pp. 1440009
Author(s):  
Sasatra Sudsawasd ◽  
Santi Chaisrisawatsuk

Using panel data for 57 countries over the period of 1995–2012, this paper investigates the impact of intellectual property rights (IPR) processes on productivity growth. The IPR processes are decomposed into three stages — innovation process, commercialization process, and protection process. The paper finds that better IPR protection is directly associated with productivity improvements only in developed economies. In addition, the contribution of IPR processes on growth through foreign direct investment (FDI) appears to be quite limited. Only inward FDI in developed countries which creates better innovative capability leads to higher growth. In connection with outward FDI, only the increase in IPR protection and commercialization are proven to improve productivity in the case of developing countries, particularly when the country acts as the investing country.


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Glauco De Vita ◽  
Constantinos Alexiou ◽  
Emmanouil Trachanas ◽  
Yun Luo

PurposeDespite decades of research, the relationship between intellectual property rights (IPRs) and foreign direct investment (FDI) remains ambiguous. Using a recently developed patent enforcement index (along with a broader IPR index) and a large sectoral country-to-country FDI dataset, the authors revisit the FDI-IPR relationship by testing the impact of IPRs on UK and US outward FDI (OFDI) flows as well as earnings from outward FDI (EOFDI).Design/methodology/approachThe authors use disaggregated data for up to 9 distinct sectors of economic activity from both the US and UK for OFDI flows and EOFDI, for a panel of up to 42 developed and developing countries over sample periods from 1998 to 2015. The authors employ a panel fixed effects (FE) approach that allows exploiting the longitudinal properties of the data using Driscoll and Kraay's (1998) nonparametric covariance matrix estimator.FindingsThe authors do not find any consistent evidence in support of the hypothesis that countries' strength of IPR protection or enforcement affects inward FDI, or that sector of investment matters. The results prove robust to sensitivity checks that include an alternative broader measure of IPR strength, analyses across sub-samples disaggregated according to the strength of countries' IPRs as well as developing vs developed economies and an extended specification accounting for dynamic effects of the response of FDI to both previous investment levels and IPR (patent) protection.Originality/valueThe authors make use of the largest most granular sectoral country-to-country FDI dataset employed to date in the analysis of the FDI-IPR nexus with disaggregated data for OFDI and EOFDI across up to 9 distinct sectors of economic activity from both the US and UK The authors employ a more sophisticated measure of IPR strength, the patent index proposed by Papageorgiadis et al. (2014), which places emphasis on the effectiveness of enforcement practices as perceived by managers, together with the overall administrative effectiveness and efficiency of the national patent system.


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