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Saturday, July 18, 2020 | History

2 edition of economic effects of compulsory patent licensing found in the catalog.

economic effects of compulsory patent licensing

F. M. Scherer

economic effects of compulsory patent licensing

by F. M. Scherer

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  • 17 Currently reading

Published by New York University, Graduate School of Business Administration, Center for the Study of Financial Institutions. in [New York] .
Written in English


Edition Notes

Statementby F.M. Scherer.
SeriesMonograph series in finance and economics -- 1977-2
The Physical Object
Pagination91p.
Number of Pages91
ID Numbers
Open LibraryOL13950920M

  Compulsory licensing, primarily attempted in low- and middle-income countries (LMICs) for HIV/AIDS treatments [1, 2], occurs when a government grants a license to regulate the enforcement of intellectual property, including patents and copyrighted sory licensing of patented pharmaceuticals is not only deemed essential but also perceived as an available limited governmental . With this in mind, it is concerning to find so much variation in the legislation and its interpretation. The decision by the Indian Patent Office to impose a compulsory licence against Bayer.

In India, compulsory license is issued under the Indian Patents Act, , if three conditions are fulfilled (i)the reasonable requirements of the public with respect to the patented invention have not been satisfied (ii)the patented invention is not available to the public at a reasonably affordable price (iii)the patented invention is not. Compulsory licensing for acts done for “public non commercial purposes’ Part V of the ILDIC provides for two forms of compulsory licensing, in relation to layout designs. The first classifies any act done by Government (or a person authorised by Government) to be non-infringing if the act is done for a public non-commercial purpose.

In particular, it deals with the grounds for compulsory licensing, procedure involved, decisions on compulsory licensing and TRIPS compliance the recent transition of India to a. First of all, the Amendment further clarified the grounds for compulsory license on the basis of the Patents Act, , 16 that is, at any time after the expiration of 3 years from the date of the sealing of a patent, any person interested may make an application to the Controller for grant of a compulsory license for a patent on any of the.


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Economic effects of compulsory patent licensing by F. M. Scherer Download PDF EPUB FB2

Get this from a library. The economic effects of compulsory patent licensing. [F M Scherer]. The economic effects of compulsory patent licensing / by F. Scherer. Author.

Scherer, F. (Frederic M.) Published [New York]: New York University, Graduate School of Business Administration, Center for the Study of Financial Institutions, [c] Physical Description.

91 p.: ill. ; 23 cm. Series. Monograph series in finance and economics ;   Scherer FM () The economic effects of compulsory patent licensing (no. New York University, Graduate School of Business Administration, Center for the Study of Financial Institutions,New York Google ScholarAuthor: Yugank Goyal.

Janu ©William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike License. Economics of Compulsory. The country would then have to choose between providing patent protection and obtaining a high cost, high quality product, or not providing patent protection and obtaining a low quality and low cost imitation.

The high entry cost countries would only provide patent protection if the quality of imitators was sufficiently low. The effects of compulsory licensing on access to new drugs, however, are theoretically ambiguous: Compulsory licensing may encourage innovation by increasing competition or discourage innovation by reducing expected returns to R&D.

Empirical evidence is rare, primarily because contemporary settings offer little exogenous variation in compulsory licensing. Compulsory licensing. Compulsory Licensing is one among several tools used by the patent system to prevent any abuse or misuse of a patent to the detriment of public.

It ensures that patented inventions meet reasonable requirements of the public, are available at reasonably affordable prices, and are worked in the country where the patent is granted. The economic benefits of the patent system are derived from its roles in promoting innovation, and encouraging investment, economic growth, knowledge sharing and the efficient use of resources.

These aspects of the patent system are briefly discussed ing innovation Innovation benefits the community by creating new and improved goods and services that meet social. Compulsory licensing provisions were included in the first Commonwealth patents legislation in Patents Act.

Section (1) of the Patents Act provides that a person may apply to a prescribed court for a compulsory licence to work a patent after a period of three years has lapsed since the patent.

The term “compulsory license” refers to the grant of permission for an enterprise seeking to use another’s intellectual property to do so without the consent of its proprietor.6 The grant of a compulsory patent license typically requires the sanction of a governmental entity and provides for compensation to the patent owner.

Compulsory licensing is one among several tools used by the patent system to prevent any abuse or misuse of a patent to the detriment of public. It ensures that patented inventions meet reasonable requirements of the public, are available at reasonably affordable prices, and are worked in the country where the patent is granted.

Compulsory licensing helps to reduce the prices of the commodity which results in reduction of monopoly profits, deadweight loss and increase consumer surplus.

*Shubham Janghu, is a fourth year B.B.A. LL.B. student at O.P. Jindal Global University, Sonipat. Economics is a powerful instrument to understand the current controversial issues on intellectual property: e.g., the extension of patents to software and business models, the lengthening of copyright protection, the compulsory licensing of pharmaceutical products or.

The economic concept of dead-weight loss takes on a macabre second meaning in this case. The second reason for compulsory licensing is to remedy an anti-competitive behaviour, such as foreclosure, in a market for products that rely on the patent. In other words, it seeks to promote competition rather than to address consumer welfare directly.

Innoted economist F.M. Scherer wrote a monograph entitled “The Economic Effects of Compulsory Patent Licensing.” At that time, there was pending legislation on compulsory licensing of nuclear technology. enon of compulsory licensing and make possible for the grant of compulsory license that are contained in the section 84 to 92 of the Indian Patents Act Compulsory license can be granted in India at any time after the expiration of three years from the date of the sealing of a patent, any person interested can make an.

While it is irrefutable that market loss decreases incentives for innovation, careful design of patent buy-outs, safeguards against arbitrage as mentioned in II (B), and reduced burdens of compulsory licensing should provide adequate incentives for pharmaceutical companies to engage in negotiations.

Compulsory Patent Licensing () of patent laws may nevertheless be useful in identifying the most benefi-cial aspects of particular patent systems. One aspect common through-out the world, but virtually absent in the United States, is compulsory licensing.4 Compulsory licensing enables the government granting the.

Compulsory licensing must meet certain additional requirements: the scope and duration of the licence must be limited to the purpose for which it was granted, it cannot be given exclusively to licensees (e.g. the patent-holder can continue to produce), and it should be subject to legal review.

This paper examines the use of compulsory lincensing as a policy to combat the monopoly problem associated with the patent system. It introduces the notion of an optimal patent--one where the patent life and the licensing royalty rate are both determined optimally.

Under certain simplifying assumptions it is shown that the optimal patent will have an indefinite life, for both process and. Gorik Ooms and Johanna Hanefeld argue that low and middle income countries could increase access to medicines by forming an alliance to credibly threaten companies with compulsory licences Access to affordable medicines and vaccines is essential for both universal health coverage and meeting the sustainable development goals.

However, as innovations of medicines are owned by .Compulsory licensing allows firms in developing countries to produce foreign-owned inventions without the consent of foreign patent owners. This paper uses an exogenous event of compulsory licensing after World War I under the Trading with the Enemy Act to examine the long run effects of compulsory licensing on domestic invention.Compulsory Licensing and Related Effects.

Vishal Gupta, A Mathematical Approach To Benefit-Detriment Analysis As a Solution To Compulsory Licensing of Pharmaceuticals Under the TRIPS Agreement, 13 Cardozo J.

Int’l & Comp. L. (). The article points out the ambiguities of the compulsory licensing provisions.