scholarly journals Bargaining over Entry with a Compulsory License Deadline: Price Spillovers and Surplus Expansion

2017 ◽  
Vol 9 (1) ◽  
pp. 31-62 ◽  
Author(s):  
Eric W. Bond ◽  
Kamal Saggi
Keyword(s):  
Developing Country ◽  
Compulsory License ◽  
Bargaining Game ◽  
Bargaining Problem ◽  
Multinational Firm ◽  
The South ◽  
Compulsory Licensing ◽  
Patented Product ◽  
International Price ◽  
Alternating Offers

We analyze bargaining between a developing country (South) and a multinational firm over the local price of its patented product. We use an alternating offers bargaining game in which the South can resort to compulsory licensing (CL) if the two parties fail to reach agreement by a certain deadline. The presence of international price spillovers introduces two novel features into the standard bargaining problem: the surplus from entry prior to the CL deadline may be negative, and CL can yield higher surplus than entry. We establish conditions under which equilibrium may exhibit immediate entry, preemptive entry just prior to the CL deadline, or the occurrence of CL. The South necessarily gains from the threat of CL if the joint payoff under entry is higher relative to CL but can lose if it is lower. (JEL D45, F11, F23, L24, L65, O34)

Understanding Who is Having a Taste(off) Nigeria

2020 ◽  
Vol 25 (4) ◽  
pp. 425-440
Author(s):  
Martinette Kruger ◽  
Adam Viljoen ◽  
Oghenetejiri Digun-Aweto
Keyword(s):  
Cultural Identity ◽  
South African ◽  
Developing Country ◽  
Effective Medium ◽  
Cultural Immersion ◽  
The South ◽  
Market Segments ◽  
Culinary Tourism ◽  
The Many ◽  
Multiethnic Societies

Events and festivals, especially those focused on food, showcase the many nuances within a culture and can be seen to be an effective medium to transfer cultural identity or tradition. Cultural phenomena such as food festivals are integral to cultural immersion, especially in multicultural/multiethnic societies such as Nigeria. Emphasizing the importance of investigating the culinary festival market in Nigeria, TasteOff is an example in a developing country that identifies the market segments based on a multisegmentation approach that includes (i) travel motives, (ii) the important "festivalscape" factors, and (iii) future culinary event preferences. This research contributes dually to (i) a better understanding of culinary tourism in Africa, especially since much attention is placed on the South African scenario, and (ii) the needs and preferences of Africa's largest economy, Nigeria.

Product Patent in Pharmaceuticals and Compulsory Licensing

2017 ◽  
pp. 108-123
Author(s):  
Jatinder Maan ◽  
Dinesh Kumar
Keyword(s):  
Intellectual Property ◽  
Compulsory License ◽  
Developed Countries ◽  
Developing Nations ◽  
Trips Agreement ◽  
Intellectual Property Protection ◽  
Political Pressure ◽  
Compulsory Licensing ◽  
Contentious Issue ◽  
History Of

The issue of patenting is a contentious issue. Different stakeholders hold opposite views. The pharmaceutical giants demand for stricter and longer Intellectual Property Protection for the promotion of research and development. They contend IP protection to be the “bedrock of their business”. While the health activists and governments of developing nations want greater flexibility in intellectual property protection and shorter patent period protection. Article 31 of the TRIPs agreement provides certain flexibilities to cater to certain situations. The countries are free to determine the grounds to issue provisions like compulsory licensing. But despite the provisions very few countries have used them. Pharmaceuticals giants with the backing of developed countries always try to denounce the practice of compulsory licensing with economic and political pressure. This chapter explains the concept and significance of Intellectual Property with reference to Pharmaceuticals. It also traces the little history of TRIPs agreement and explains the concept of Compulsory Licensing with trends in its use. It also discusses the few instances where compulsory License has been issued in different countries and tries to find the reasons of non issuance of Compulsory License.

Feasibility of infant hearing screening from a developing country context: the South African experience

2018 ◽  
Vol 16 (4) ◽  
pp. 263-270 ◽  
Author(s):  
Amisha Kanji ◽  
Katijah Khoza-Shangase ◽  
Luisa Petrocchi-Bartal ◽  
Shannon Harbinson
Keyword(s):  
South African ◽  
Developing Country ◽  
Hearing Screening ◽  
The South ◽  
African Experience

Compulsory licences on pharmaceutical patents in India: A short article

2017 ◽  
Vol 13 (3) ◽  
pp. 108-113 ◽  
Author(s):  
Sandeep K. Rathod
Keyword(s):  
Compulsory License ◽  
Developed Countries ◽  
Pharmaceutical Products ◽  
Historical Background ◽  
Short Article ◽  
Pharmaceutical Patents ◽  
Compulsory Licensing ◽  
Compulsory Licence ◽  
License Application ◽  
Media Reports

Over the last few years, multiple media reports have commented on compulsory licensing of pharmaceutical patents in India. A majority of these reports painted a doomsday scenario and were devoid of facts. The grant of India’s sole compulsory licence in March 2012 (to Natco for Bayer’s patented drug – Sorafenib) spawned a series of media reports theorising that the grant of this compulsory license was ‘… a major blow to global pharmaceutical firms’ and speculating a beginning of compulsory licensing era for pharmaceuticals patents. However, this simply has happened and India till date has rejected all subsequent compulsory licence applications filed after the Natco/Sorafenib compulsory license application. The purpose of the present article is to collate the present information around the various compulsory licences in India and provide some historical background at a time when even developed countries are beginning to issue compulsory licences for pharmaceutical products.

Endogeneity of Alternating Offers in a Bargaining Game

1997 ◽  
Vol 73 (2) ◽  
pp. 425-437 ◽  
Author(s):  
Richard D. McKelvey ◽  
Thomas R. Palfrey
Keyword(s):  
Bargaining Game ◽  
Alternating Offers

The compliance of South Africa's patents compulsory licensing regime to the TRIPs Agreement

2019 ◽  
Vol 9 (2) ◽  
pp. 156-177
Author(s):  
Malebakeng Agnes Forere
Keyword(s):  
South Africa ◽  
South African ◽  
Competition Law ◽  
Trips Agreement ◽  
The South ◽  
Compulsory Licensing ◽  
Compulsory Licence ◽  
Access To Health ◽  
Procedural Safeguards

In South Africa, patents compulsory licences can be issued under the Patents Act or Competition Act although the latter is not explicit. Whereas there has not been a single compulsory licence issued through the Patents Act, there is however a growing interest to obtain compulsory licences of drugs using the competition law regime. Focusing specifically on the standard of compensation, the objectives of this paper are two-fold: first, it seeks to determine why there is a growing interest in resorting to the competition route as opposed to the Patents Act. Secondly, the paper aims to determine the extent to which the South African compulsory licensing regime complies with the TRIPs Agreement. It is found herein that the standard of compensation under patents law is higher than that found in the competition law cases. Further, it is found however that compulsory licences issued through the competition law do not take into account the procedural safeguards that are found in the Patents Act as well as the TRIPs Agreement; as such, they undoubtedly infringe the rights of the patentees. The article recommends that the South African Competition Act should be reviewed with a view to aligning its compulsory licensing scheme with that of the Patents Act and the TRIPs Agreement, thereby establishing a nexus between competition law and patents law. This paper comes at an opportune moment in which South Africa and China are urging other WTO members to share their national experiences on the use of competition law to ensure access to health, and it shall therefore shed some light on how South Africa does it and the obstacles therein.

Legal Recognition for Child-Headed Households: An Evaluation of the Emerging South African Framework

2009 ◽  
Vol 17 (2) ◽  
pp. 299-320 ◽  
Author(s):  
F. Noel Zaal ◽  
Meda Couzens
Keyword(s):  
South Africa ◽  
South African ◽  
Developing Country ◽  
Critical Analysis ◽  
Best Interests ◽  
Limited Resources ◽  
The South ◽  
Legal Recognition ◽  
Aids Pandemic ◽  
Best Interests Standard

AbstractThis article evaluates legislation developed in South Africa for the legal recognition and support of child-headed households. It provides an explanation and critical analysis of new statutory provisions. We show that in a developing country with AIDS pandemic challenges and limited resources such as South Africa reasons in favour of formal legal recognition outweigh those against. We demonstrate, however, that in order to meet the best interests standard it is essential to base recognition on household viability. Our analysis indicates that, although the South African provisions are groundbreaking and of considerable value as an example for other countries, there are some deficiencies which may compromise their effectiveness. Amendments and supplementary wording are proposed.

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