Do National Patent Laws Stimulate Domestic Innovation in a Global Patenting Environment? A Cross-Country Analysis of Pharmaceutical Patent Protection, 1978–2002

We investigate the global spread of pharmaceutical patent protection as acquired by firms, based on a novel global patent database for all significant medical drugs, including biologics, introduced in Japan. It gives us the propensity of filing and grant rate for each country for patents granted in Japan. The major findings of the study are as following. Both the filing propensity to and the grant rate of major Asian countries approached those of the OECD economies by the early 2000s for chemical substance inventions. However, substantial heterogeneity with respect to other drug inventions still exists, specifically, crystal, use, formulation or combination, suggesting significant future room for international harmonization of patent granting standards. We found clear evidence of policy impact on the spread of protection for the two largest non-OECD economies. The amendments to Patent Laws in China in 1993 had an immediate and significant impact on patent filing propensity to China (30 percentage points increase), before accession to the WTO in late 2001. Furthermore, India’s ‘mailbox application system’ had a substantial effect as filing propensity reached 80 per cent of the number of corresponding European patent applications around year 2000, prior to implementing the Trade-Related Aspects of Intellectual Property Rights for drug patents in 2005. Subject classification codes: O34, O38, K29

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Traditional Knowledge and Patent Protection: Conflicting Views On International Patent Standards

Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad ◽

10.17159/1727-3781/2010/v13i4a2701 ◽

2017 ◽

Vol 13 (4) ◽

pp. 93 ◽

Cited By ~ 1

Author(s):

Adam Andrzejewski

Keyword(s):

Traditional Knowledge ◽

Patent Protection ◽

Plant Genetic Resources ◽

Patent Law ◽

International Standards ◽

International Patent ◽

Patent Laws ◽

Protection Systems ◽

National Patent ◽

And Control

As diseases continue to spread around the globe, pharmaceutical and biotech companies continue to search for new and better drugs to treat them. Most of these companies have realised that useful compounds for these purposes may be found in the natural resources that indigenous and local communities use. And yet, even though the importance of these biological resources to global health and economic livelihood is well recognised, the legal ownership and control of this traditional knowledge is still very controversial. This article undertakes a comparative analysis of American and European, as well as international legal regulations on patent law and traditional knowledge. Key questions include: What is traditional knowledge? How have the national patent laws of these countries treated the protection of plant variety and plant genetic resources? What are the existing international standards for patents, and what implications do they have for protecting traditional knowledge? And finally, what protection systems are emerging for the future?

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The Arguments of Law, Policy and Practice Against Swiss-Type Patent Claims

Victoria University of Wellington Law Review ◽

10.26686/vuwlr.v32i1.5910 ◽

2001 ◽

Vol 32 (1) ◽

pp. 201

Author(s):

Daniel Armstrong

Keyword(s):

New Zealand ◽

Patent Protection ◽

Policy And Practice ◽

Patent Laws ◽

Legal Foundations ◽

National Patent ◽

Appeal Decision ◽

Questionable Existence ◽

Court Of Appeal

Swiss-type patent claims were first recognised by Switzerland in 1984 as a means of permitting drug manufacturers to gain patent protection following the discovery of a known substance's second or subsequent medical use. Despite dubious legal foundations, particularly the questionable existence of sufficient novelty, Swiss-type claims have been accepted in Europe, England, and, in a recent Court of Appeal decision, New Zealand. Additionally troublesome is that the dominant reason for their acceptance has been the drive for uniformity in national patent laws, a desire that precluded consideration of the various negative practical consequences of accepting such claims. This topic has received little academic comment and this essay redresses that in the most assertive of ways by arguing that Swiss-type claims are illegal, primarily due to a lack of novelty, and that they should be illegal for various reasons of policy and practice.

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Cross country analysis of asset management corporations: impact on property markets

Proceedings of the 21st Annual European Real Estate Society Conference ◽

10.15396/eres2014_181 ◽

2014 ◽

Keyword(s):

Asset Management ◽

Country Analysis ◽

Cross Country ◽

Property Markets

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Trends and forecasts of the global availability of food

National Interests Priorities and Security ◽

10.24891/ni.16.7.1297 ◽

2020 ◽

Vol 16 (7) ◽

pp. 1297-1316

Author(s):

O.N. Terent'eva

Keyword(s):

High Risk ◽

Growth Rates ◽

Statistical Data ◽

Economic Security ◽

Agricultural Products ◽

Mortality And Morbidity ◽

National Economic ◽

Production Growth ◽

Country Analysis ◽

Cross Country

Subject. The stable supply of food to people is a cornerstone for the national economic security, while a lack of food or its expensiveness may undermine the economy, principles of power, and cause panics and wars. Malnutrition and hunger are critical indicators of the insufficient foods supply. Objectives. The article indicates which countries have high risk of hunger, and predicts its further movement. I also evaluate factual trends in the availability of food across countries. Methods. The study refers to statistical data in public domain, including the FAOSTAT. I apply methods of ranking, abstraction, prediction. Results. I performed the cross-country analysis and discovered that 117 countries demonstrated signs of malnutrition. The article sets forth a technique for splitting countries into five groups by level of hunger risk. The article compares data on hunger in the countries and consequences of mortality and morbidity. I ranked countries by key types of agricultural products and explained their production growth rates for a span of 18 years. I predicted how countries would be ranked in terms of hunger from 2030 to 2050, and found the extent to which the hunger risk will escalate in more flourishing countries. Conclusions and Relevance. Hunger and shortage of food seem invincible in the countries where people are hungry or very hungry. Sometimes it appears almost impossible for respective governments to solve the issue. Triggering the systemic hunger, such factors and premises are beyond control of starving countries. Hence, the international community should provide their support and aid to them.

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