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Competition policy and intellectual property rights in the information and communications technology sector: Policy implications and options for ASEAN

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  • Thitapha Wattanapruttipaisan

Abstract

type="main"> ASEAN exports are dominated by products with high levels of new knowledge and innovation but they are also characterised by low value addition due to limited innovation inputs in export processing. The information and communications technology sector embodies wide-ranging opportunities for innovation-driven value creation and structural upgrading among interdependent industries and economies. There are, however, also formidable challenges from the systemic or unexpected consequences of the anti-trust and intellectual property policy regimes, anticompetitive business conduct, and the nuanced and layered outcomes in adjudication as regards the property rights and competition interface. The international experiences in enforcement approach and emphasis, substantive and procedural convergence, and enforcement versus advocacy have yielded some important policy insights, deployable options, and implementation prerequisites for consideration by the young or new competition authorities as well as for research attention in ASEAN and elsewhere.

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  • Thitapha Wattanapruttipaisan, 2014. "Competition policy and intellectual property rights in the information and communications technology sector: Policy implications and options for ASEAN," Asian-Pacific Economic Literature, The Crawford School, The Australian National University, vol. 28(1), pages 1-28, May.
  • Handle: RePEc:bla:apacel:v:28:y:2014:i:1:p:1-28
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    File URL: http://hdl.handle.net/10.1111/apel.12048
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    1. Robert Koopman & Zhi Wang & Shang-Jin Wei, 2008. "How Much of Chinese Exports is Really Made In China? Assessing Domestic Value-Added When Processing Trade is Pervasive," NBER Working Papers 14109, National Bureau of Economic Research, Inc.
    2. Lemley, Mark A & Shapiro, Carl, 2007. "Patent Hold-Up and Royalty Stacking," Competition Policy Center, Working Paper Series qt8638s257, Competition Policy Center, Institute for Business and Economic Research, UC Berkeley.
    3. Lanjouw, Jean O & Schankerman, Mark, 2004. "Protecting Intellectual Property Rights: Are Small Firms Handicapped?," Journal of Law and Economics, University of Chicago Press, vol. 47(1), pages 45-74, April.
    4. Willem Thorbecke, 2011. "An empirical analysis of East Asian computer and electronic goods exports," Journal of the Asia Pacific Economy, Taylor & Francis Journals, vol. 16(4), pages 644-657.
    5. James Bessen & Michael J. Meurer, 2008. "Introduction to Patent Failure: How Judges, Bureaucrats, and Lawyers Put Innovators at Risk," Introductory Chapters, in: Patent Failure: How Judges, Bureaucrats, and Lawyers Put Innovators at Risk, Princeton University Press.
    6. Shahid Yusuf, 2003. "Innovative East Asia : The Future of Growth," World Bank Publications - Books, The World Bank Group, number 15158.
    7. Ganslandt, Mattias, 2008. "Intellectual Property Rights and Competition Policy," Working Paper Series 726, Research Institute of Industrial Economics.
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