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Breaking the Fence: Patent Rights and Biomedical Innovation in 'Technology Followers'

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  • Gehl Sampath, Padmashree

    (United Nations University, Maastricht Economic and social Research and training centre on Innovation and Technology)

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 innovati on in technology followers.

Suggested Citation

  • Gehl Sampath, Padmashree, 2006. "Breaking the Fence: Patent Rights and Biomedical Innovation in 'Technology Followers'," MERIT Working Papers 2006-008, United Nations University - Maastricht Economic and Social Research Institute on Innovation and Technology (MERIT).
    • Handle: RePEc:unm:unumer:2006008
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    References listed on IDEAS

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    Cited by:

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    2. Taubman, Antony & Ghafele, Roya, 2007. "Public sector IP management in the life sciences: reconciling practice and policy," MPRA Paper 36448, University Library of Munich, Germany.

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    More about this item

    Keywords

    intellectual property rights; trade agreements; TRIPS; biotechnology; pharmaceutical industry; patents; innovation;
    All these keywords.

    JEL classification:

    • O34 - Economic Development, Innovation, Technological Change, and Growth - - Innovation; Research and Development; Technological Change; Intellectual Property Rights - - - Intellectual Property and Intellectual Capital
    • O31 - Economic Development, Innovation, Technological Change, and Growth - - Innovation; Research and Development; Technological Change; Intellectual Property Rights - - - Innovation and Invention: Processes and Incentives
    • L65 - Industrial Organization - - Industry Studies: Manufacturing - - - Chemicals; Rubber; Drugs; Biotechnology; Plastics
    • F13 - International Economics - - Trade - - - Trade Policy; International Trade Organizations

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