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Learning from Past Mistakes — The US Patent System and International Trade Agreements

In: Megaregionalism 2.0 Trade and Innovation within Global Networks

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  • Robin Feldman

Abstract

To ensure that the Trans-Pacific Partnership Agreement (TPP) works properly in practice with regard to patents and the governance of pharmaceuticals and semiconductors, strong mechanisms for enforcement and rooting out system abuse are needed. To make this happen, regulators should learn from past mistakes of the US patent system: the proliferation of non-practicing entities (NPEs) and strategic behavior that blocks or delays generic competition in the pharmaceutical industry. This chapter presents key findings of the author’s research on the complexity of the US litigation and regulatory frameworks that have provided fertile ground for strategic behavior that can have negative effects on innovation and may distort the expected gains from trade for innovation.

Suggested Citation

  • Robin Feldman, 2018. "Learning from Past Mistakes — The US Patent System and International Trade Agreements," World Scientific Book Chapters, in: Dieter Ernst & Michael G Plummer (ed.), Megaregionalism 2.0 Trade and Innovation within Global Networks, chapter 8, pages 145-155, World Scientific Publishing Co. Pte. Ltd..
    • Handle: RePEc:wsi:wschap:9789813229839_0008
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    More about this item

    Keywords

    Globalization; Megaregionalism; Trade; Innovation; Trade Gains; Negative Impacts; Trade Rules; Intellectual Property; Standards; Asia; China; TPP; RCEP;
    All these keywords.

    JEL classification:

    • F10 - International Economics - - Trade - - - General

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