International Public Goods and Transfer of Technology Under a Globalized Intellectual Property Regime

doi:10.1017/CBO9780511494529

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Distinguished economists, political scientists, and legal experts discuss the implications of the increasingly globalized protection of intellectual property rights for the ability of countries to provide their citizens with such important public goods as basic research, education, public health, and environmental protection. Such items increasingly depend on the exercise of private rights over technical inputs and information goods, which could usher in a brave new world of accelerating technological innovation. However, higher and more harmonized levels of international intellectual property rights could also throw up high roadblocks in the path of follow-on innovation, competition and the attainment of social objectives. It is at best unclear who represents the public interest in negotiating forums dominated by powerful knowledge cartels. This is the first book to assess the public processes and inputs that an emerging transnational system of innovation will need to promote technical progress, economic growth and welfare for all participants.

'It is a laudable and, according to the editors, unprecedented, attempt to bring together contributions from a range of authors on a key issue facing the intellectual property world at present. … The authors are distinguished economists, political scientists and legal experts. … this is a thorough and stimulating work, bringing together diverse views of a range of experts on the impact of IP on efforts to tackle the developing world crisis. Given how important and urgent it is for this global issue to be tackled, it is hoped that it will be widely read and provoke greater, and better informed, debate among the broader IP world.'

Source: European Intellectual Property Review

' … a very useful book … indispensable to anyone who is interested in the law and economics of science, innovation, technology diffusion, and intellectual property rights (IPR) protection in the global context.'

Source: World Trade Review

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Contents

Frontmatter
pp i-iv
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Contents
pp v-ix
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List of contributors
pp x-xii
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Preface
pp xiii-xvi
- By Keith E. Maskus, Professor of Economics, University of Colorado Boulder, Jerome H. Reichman, Professor of Law, Duke Law School
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PART I - International Provision of Public Goods under a Globalized Intellectual Property Regime
pp 1-2
- By E. Keith Maskus, Professor of Economics, University of Colorado Boulder, H. Jerome Reichman, Professor of Economics, University of Colorado Boulder
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1 - The Globalization of Private Knowledge Goods and the Privatization of Global Public Goods
pp 3-45
- By Keith E. Maskus, Professor of Economics, University of Colorado, Jerome H. Reichman, Professor of Law, Duke Law School
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2 - The Regulation of Public Goods
pp 46-64
- By Peter Drahos, Head of RegNet, Research School of Social Sciences, Australian National University
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Comment: Norms, Institutions, and Cooperation
pp 65-68
- By Robert O. Keohane, Professor of International Affairs, Woodrow Wilson School of Public and International Affairs, Princeton University
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3 - Distributive Values and Institutional Design in the Provision of Global Public Goods
pp 69-78
- By Peter M. Gerhart, Professor of Law, Case Western Reserve School of Law Cleveland, Ohio
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4 - Koyaanisqatsi in Cyberspace: The Economics of an “Out-of-Balance” Regime of Private Property Rights in Data and Information
pp 79-120
- By Paul A. David, Professor of Economics, Oxford University and Stanford University
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5 - Linkages Between the Market Economy and the Scientific Commons
pp 121-138
- By Richard R. Nelson
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Comment I: Public Goods and Public Science
pp 139-141
- By Eric Maskin, Professor of Social Science, Institute for Advanced Study, Princeton University
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6 - Sustainable Access to Copyrighted Digital Information Works in Developing Countries
pp 142-187
- By Ruth L. Okediji, Professor of Law, University of Minnesota
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7 - Agricultural Research and Intellectual Property Rights
pp 188-216
- By Robert E. Evenson, Professor of Economics, Yale University
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Comment II: Using Intellectual Property Rights to Preserve the Global Genetic Commons: The International Treaty on Plant Genetic Resources for Food and Agriculture
pp 217-224
- By Laurence R. Helfer, Professor, Vanderbilt University Law School
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PART II - Innovation and Technology Transfer in a Protectionist Environment
pp 225-226
- By E. Keith Maskus, Professor of Economics, University of Colorado Boulder, H. Jerome Reichman, Professor of Economics, University of Colorado Boulder
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8 - Can the TRIPS Agreement Foster Technology Transfer to Developing Countries?
pp 227-256
- By Carlos M. Correa, Director, Center on Interdisciplinary Studies Industrial Property and Economics University of Buenos Aires
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Comment I: Technology Transfer on the International Agenda
pp 257-264
- By Pedro Roffe, Director
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9 - Patent Rights and International Technology Transfer Through Direct Investment and Licensing
pp 265-281
- By Keith E. Maskus, Professor, Department of Economics University of Colorado Boulder, Kamal Saggi, Professor of Economics, Southern Methodist University, Thitima Puttitanun, Assistant Professor of Economics, San Diego State University
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Comment II: TRIPS and Technology Transfer – Evidence from Patent Data
pp 282-287
- By Samuel Kortum, Professor of Economics, University of Minnesota
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10 - Proprietary Rights and Collective Action: The Case of Biotechnology Research with Low Commercial Value
pp 288-306
- By Arti K. Rai, Professor of Law, Duke Law School
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11 - Do Stronger Patents Induce More Local Innovation?
pp 307-320
- By Lee G. Branstetter, Associate Professor of Finance and Economics, Columbia University School of Business
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12 - Markets for Technology, Intellectual Property Rights, and Development
pp 321-336
- By Ashish Arora, Professor of Economics and Public Policy, Heinz School of Public Policy Carnegie Mellon University, Andrea Fosfuri, Associate Professor of Management, Universidad Carlos III Madrid London, Alfonso Gambardella, Professor of Economics, Sant' Anna School of Advanced Studies Pisa
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13 - Using Liability Rules to Stimulate Local Innovation in Developing Countries: Application to Traditional Knowledge
pp 337-366
- By Jerome H. Reichman, Professor of Law, Duke Law School, Tracy Lewis, Professor of Economics, Fuqua School of Business Duke University
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14 - Stimulating Agricultural Innovation
pp 367-390
- By Michael Blakeney, Professor of Intellectual Property Law and Director, Queen Mary Intellectual Property Research Institute University of London
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PART III - Sectoral Issues: Essential Medicines and Traditional Knowledge
pp 391-392
- By E. Keith Maskus, Professor of Economics, University of Colorado Boulder, H. Jerome Reichman, Professor of Economics, University of Colorado Boulder
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15 - Managing the Hydra: The Herculean Task of Ensuring Access to Essential Medicines
pp 393-424
- By Frederick M. Abbott, Professor, Florida State University
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16 - Theory and Implementation of Differential Pricing for Pharmaceuticals
pp 425-456
- By Patricia M. Danzon, Professor of Economics, University of Pennsylvania, Adrian Towse, Director, Office of Health Economics London
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17 - Increasing R&D Incentives for Neglected Diseases: Lessons from the Orphan Drug Act
pp 457-480
- By Henry Grabowski, Professor of Economics, Duke University
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Comment: Access to Essential Medicines – Promoting Human Rights Over Free Trade and Intellectual Property Claims
pp 481-492
- By Heinz Klug, Associate Professor of Law, University of Wisconsin Law School
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International Public Goods and Transfer of Technology Under a Globalized Intellectual Property Regime

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Contents

Frontmatter
pp i-iv

Contents
pp v-ix

List of contributors
pp x-xii

Preface
pp xiii-xvi

PART I - International Provision of Public Goods under a Globalized Intellectual Property Regime
pp 1-2

1 - The Globalization of Private Knowledge Goods and the Privatization of Global Public Goods
pp 3-45

2 - The Regulation of Public Goods
pp 46-64

Comment: Norms, Institutions, and Cooperation
pp 65-68

3 - Distributive Values and Institutional Design in the Provision of Global Public Goods
pp 69-78

4 - Koyaanisqatsi in Cyberspace: The Economics of an “Out-of-Balance” Regime of Private Property Rights in Data and Information
pp 79-120

5 - Linkages Between the Market Economy and the Scientific Commons
pp 121-138

Comment I: Public Goods and Public Science
pp 139-141

6 - Sustainable Access to Copyrighted Digital Information Works in Developing Countries
pp 142-187

7 - Agricultural Research and Intellectual Property Rights
pp 188-216

Comment II: Using Intellectual Property Rights to Preserve the Global Genetic Commons: The International Treaty on Plant Genetic Resources for Food and Agriculture
pp 217-224

PART II - Innovation and Technology Transfer in a Protectionist Environment
pp 225-226

8 - Can the TRIPS Agreement Foster Technology Transfer to Developing Countries?
pp 227-256

Comment I: Technology Transfer on the International Agenda
pp 257-264

9 - Patent Rights and International Technology Transfer Through Direct Investment and Licensing
pp 265-281

Comment II: TRIPS and Technology Transfer – Evidence from Patent Data
pp 282-287

10 - Proprietary Rights and Collective Action: The Case of Biotechnology Research with Low Commercial Value
pp 288-306

11 - Do Stronger Patents Induce More Local Innovation?
pp 307-320

12 - Markets for Technology, Intellectual Property Rights, and Development
pp 321-336

13 - Using Liability Rules to Stimulate Local Innovation in Developing Countries: Application to Traditional Knowledge
pp 337-366

14 - Stimulating Agricultural Innovation
pp 367-390

PART III - Sectoral Issues: Essential Medicines and Traditional Knowledge
pp 391-392

15 - Managing the Hydra: The Herculean Task of Ensuring Access to Essential Medicines
pp 393-424

16 - Theory and Implementation of Differential Pricing for Pharmaceuticals
pp 425-456

17 - Increasing R&D Incentives for Neglected Diseases: Lessons from the Orphan Drug Act
pp 457-480

Comment: Access to Essential Medicines – Promoting Human Rights Over Free Trade and Intellectual Property Claims
pp 481-492

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International Public Goods and Transfer of Technology Under a Globalized Intellectual Property Regime

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