scholarly journals Non-Linear Effects of Intellectual Property Rights on Technological Innovation: Evidence from Emerging and Developing Countries

2020 ◽  
Vol 7 (2) ◽  
pp. 122-135
Author(s):  
Kamilia Loukil
2008 ◽  
Vol 10 (2) ◽  
Author(s):  
Smita Srinivas

Intellectual property regimes are usually presumed to exert positiveinducements on technological innovation. However, given the dire nature ofaccess to critical health technologies for most of the world’s population, it isworth revisiting this assumption for health technologies. This paper situatesintellectual property rights (IPRs) for health technologies at the intersectionof three fields: innovation studies, welfare theories, and international politicaleconomy. It revisits the conceptual underpinnings of property rights with particularrelevance for needs of today’s industrializing, or so-called “developing”countries. This paper argues that the debates on IPR have poorly exploredcounterfactuals in pharmaceuticals and biotechnologies where other meansof inducement may exist and innovations may arise in conditions where IPR iseither absent or irrelevant. To do this, it first discusses utility as a basis for IPRsand the challenges –philosophical, theoretical and most importantly, practical- intranslating this to real-world use. It draws on history to analyze pharmaceuticalprior drug generations and alternate inducements. The article offers a novelconceptual framework to study innovation in developing contexts where IPR can be specifically situated. If the real goal is accessible and affordable healthcare- anissue of immense importance worldwide- then we may need to cease barking upthe wrong tree of intellectual property rights.


Author(s):  
Correa Carlos Maria

This chapter looks at the objectives and principles of the Trade-related Aspects of Intellectual Property Rights (TRIPS) Agreement. The primary objective of the proponents of the Agreement was to secure the rights of intellectual property owners to exploit their protected assets in the jurisdiction of all parties to the General Agreement on Tariffs and Trade (GATT). They emphasized the role of the protection of intellectual property rights (IPRs) as incentives for innovation, and were keen to leave issues relating to the exploitation of the rights to the discretion of title-holders. In contrast, developing countries feared that a strengthened IPR protection would give too much power to title-holders and limit access to, and transfer of, technology to those countries. Article 7 of the Agreement, based on a proposal submitted by developing countries, represents a compromise between these two positions. It states that IPRs should contribute to the promotion of technological innovation and to the transfer and dissemination of technology.


2020 ◽  
Vol 5 (1) ◽  
pp. 40-48
Author(s):  
Kamilia Loukil

Entrepreneurship is considered as a key driver of economic growth and development. That is why, scholarly contributions have set out to identify its national determinants. In the present study, we aim to shed some light on to how the institutional framework affects the entrepreneurship levels, by focusing on emerging and developing countries. More specifically, this study examines the impact of intellectual property rights (IPR) on entrepreneurship in emerging and developing countries. This issue is becoming increasingly important, especially in the context of developing countries which adhere to the Trade Related Intellectual Property Rights Agreement (TRIPS). Further to this agreement, all member countries of the world trade organization are required to achieve high standards of IPR. From the theoretical analysis, it appears that the impact of IPR on innovative entrepreneurs is positive, while their impact on imitators is more ambiguous. To empirically test these hypotheses, we apply a System Generalized Method of Moments (System GMM) technique on a panel of 28 countries during the period 2005-2012. The entrepreneurship level is measured by the new business entry density while the protection degree of intellectual property rights is measured by the IPR index of World Economic Forum. The findings show a non-significant effect of IPR on new business entry. We conclude that the intellectual property rights are not an effective tool of industrial policy in emerging and developing countries. Governments should rely on other factors in order to spur entrepreneurship.


2008 ◽  
Vol 10 (2) ◽  
Author(s):  
Ana Celia Castro ◽  
Maria Beatriz Amorim Bohrer

TRIPS as it stands is against the interests of developing countries, and needsreform. In developing their own patent law, developing countries need to recognizethat there is now near consensus among informed observers that patentlaw and practice have, in some cases, overshot, and need to be reformed. Thatis the burden of the recent NAS/NRC report on “A Patent System for the 21stCentury.


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