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The grant of monopoly patent protection is justified normally as a means for giving incentive for innovation. Market … driven innovation is not necessarily equitable, however, and the development concerns over the international intellectual … market patent system may be said to fail individuals in developing countries in regards to both focus and access; as no …
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international patent applications in the US, Japan, the European Patent Office, and corresponding filings in three developing … undertake detailed analyses of patent prosecution in the three developing countries. Our analyses indicate that measures to … procedural aspects of patent systems, beyond the formal policies targeting secondary applications, that affect outcomes for these …
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This chapter discusses whether foreign investors, specifically pharmaceutical companies, could challenge India's regulatory measures that impact their patents under India's BITs. More specifically, the paper will focus on whether regulatory measures such as compulsory licensing of pharmaceutical...
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pharmaceuticals that were compliant with the 1995 Trade-Related Aspects of Intellectual Property Rights (TRIPS). We combine … pharmaceutical product sales data for India with a newly gathered dataset of molecule-linked patents issued by the Indian patent … office. Exploiting variation in the timing of patent decisions, we estimate that a molecule receiving a patent experienced an …
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to provide latitude to the Member States to tailor their national patent laws to fit their individual needs. In 2001, the … the lead role in enacting the TRIPS Agreement's substantive and procedural patent flexibilities by introducing unique … compulsory licensing, the most notable exception to patent rights provided under the TRIPS Agreement. This empirical study is …
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patent infringement, particularly if “reasonable compensation” is offered in the form of an “ongoing royalty” or an “interim … pharmaceutical regulatory approvals to the patent system and imposing stays of such approvals normally avoid the need for such … access to medicines relative to providing innovation incentives …
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tuberculosis drugs, we show that there is an immediate and large increase in licensing by generic firms when a patent is included … in the Medicines Patent Pool (MPP). The effect is heterogeneous across countries. The findings are robust to …
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