COMPULSORY LICENSING AND PATENT PROTECTION: A NORTH-SOUTH PERSPECTIVE

• 成果类型: Article
• 署名作者: Bond, Eric W.; Saggi, Kamal
• 署名单位: Vanderbilt University
• 刊物名称: ECONOMIC JOURNAL
• ISSN/ISSBN: 0013-0133
• DOI: 10.1111/ecoj.12434
• 发表日期: 2018
• 页码: 1157-1179
• 关键词: intellectual property-rights; Parallel imports; developing-countries; Price controls; INNOVATION; PRODUCTS; welfare; TRADE

摘要

In a stylised model involving a developing country (called South) and a foreign patent holder, we analyse whether and how the incidence and social value of compulsory licensing (CL) depends upon the South's patent protection policy. If South is free to deny patent protection, CL fails to arise in equilibrium and the option to use it makes both parties worse off. If South is obliged to offer patent protection, CL can occur and even yield a Pareto improvement. The ability to control price increases the South's incentive for patent protection as well as the likelihood of CL.