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Breaking the Fence: Can Patent Rights Deter Biomedical Innovation in “Technology Followers”?

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  • Gehl Sampath, Padmashree

    (United Nations University, Institute for New Technologies)

Abstract

The impact of patent protection on biomedical innovation has been a controversial issue. Although a “medical anti-commons” has been predicted due to a proliferation of patents on upstream technologies, evidence to test these concerns is only now emerging. However, most industrial surveys that shed light on this issue are mainly from developed countries, making it very difficult to predict the impact of patenting on biomedical innovation in developing and least developed countries. This paper develops a framework of analysis for the impact of patent rights on biomedical innovation in “technology follower” developing countries. Based on the framework developed in the paper, empirical data collected in an industry-level survey of the Indian pharmaceutical industry between November 2004 and January 2005 is used to analyze the impact of patent rights as recognized under the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS Agreement) on biomedical innovation in technology followers.

Suggested Citation

  • Gehl Sampath, Padmashree, 2005. "Breaking the Fence: Can Patent Rights Deter Biomedical Innovation in “Technology Followers”?," UNU-INTECH Discussion Paper Series 2005-10, United Nations University - INTECH.
    • Handle: RePEc:unm:unuint:200510
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    File URL: https://www.merit.unu.edu/publications/discussion-papers/2005-10.pdf
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    1. Jerry R. Green & Suzanne Scotchmer, 1995. "On the Division of Profit in Sequential Innovation," RAND Journal of Economics, The RAND Corporation, vol. 26(1), pages 20-33, Spring.
    2. Padmashree Gehl Sampath, 2010. "Economic Aspects of Access to Medicines after 2005: Product Patent Protection and Emerging Firm Strategies in the Indian Pharmaceutical Industry," Working Papers id:3336, eSocialSciences.
    3. Mansfield, Edwin, 1998. "Academic research and industrial innovation: An update of empirical findings1," Research Policy, Elsevier, vol. 26(7-8), pages 773-776, April.
    4. Ramani, Shyama V., 2002. "Who is interested in biotech? R&D strategies, knowledge base and market sales of Indian biopharmaceutical firms," Research Policy, Elsevier, vol. 31(3), pages 381-398, March.
    5. Sunil Kanwar & Robert Evenson, 2003. "Does intellectual property protection spur technological change?," Oxford Economic Papers, Oxford University Press, vol. 55(2), pages 235-264, April.
    6. Forbes, Naushad & Wield, David, 2000. "Managing R&D in technology-followers," Research Policy, Elsevier, vol. 29(9), pages 1095-1109, December.
    7. Suzanne Scotchmer & Jerry Green, 1990. "Novelty and Disclosure in Patent Law," RAND Journal of Economics, The RAND Corporation, vol. 21(1), pages 131-146, Spring.
    8. Wesley M. Cohen & Richard R. Nelson & John P. Walsh, 2000. "Protecting Their Intellectual Assets: Appropriability Conditions and Why U.S. Manufacturing Firms Patent (or Not)," NBER Working Papers 7552, National Bureau of Economic Research, Inc.
    9. Nordhaus, William D, 1969. "An Economic Theory of Technological Change," American Economic Review, American Economic Association, vol. 59(2), pages 18-28, May.
    10. Scherer, F M, 1972. "Nordhaus' Theory of Optimal Patent Life: A Geometric Reinterpretation," American Economic Review, American Economic Association, vol. 62(3), pages 422-427, June.
    11. Arundel, Anthony, 2001. "The relative effectiveness of patents and secrecy for appropriation," Research Policy, Elsevier, vol. 30(4), pages 611-624, April.
    12. Edwin Mansfield, 1986. "Patents and Innovation: An Empirical Study," Management Science, INFORMS, vol. 32(2), pages 173-181, February.
    13. Suzanne Scotchmer, 1991. "Standing on the Shoulders of Giants: Cumulative Research and the Patent Law," Journal of Economic Perspectives, American Economic Association, vol. 5(1), pages 29-41, Winter.
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    Cited by:

    1. Meeta Dasgupta & R.K. Gupta & A. Sahay, 2011. "Linking Technological Innovation, Technology Strategy and Organizational Factors," Global Business Review, International Management Institute, vol. 12(2), pages 257-277, June.
    2. Gehl Sampath, Padmashree, 2006. "Indian Pharma Within Global Reach?," MERIT Working Papers 2006-031, United Nations University - Maastricht Economic and Social Research Institute on Innovation and Technology (MERIT).
    3. Harishankar Jagadeesh & Subash Sasidharan, 2014. "Do Stronger IPR Regimes Influence R&D Efforts? Evidence from the Indian Pharmaceutical Industry," Global Business Review, International Management Institute, vol. 15(2), pages 189-204, June.
    4. Carlos Correa, 2007. "Guidelines for the Examination of Pharmaceutical Patents: Developing a Public Health Perspective," Working Papers id:1203, eSocialSciences.

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    Keywords

    intellectual property rights; IPR; patents; biotechnology; pharmaceutical industry; biomedicine; developing countries; India;
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