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.
• Features contributions from major scholars, aimed at increasing understanding of the challenges raised by global protection of intellectual property • The first sustained attempt to focus attention on the need to balance public-private interests in an emerging transnational system of innovation that lacks global governance mechanisms • Provides a systematic and comprehensive analysis of important issues from a legal and economic perspective
The Concept of Public Goods in the Expanding Knowledge Economy; The Globalization of Private Knowledge Goods and the Privatization of Global Public Goods; The Regulation of Public Goods; Comment: Norms, Institutions and Cooperation; Distributive Values and Institutional Design in the Provision of Global Public Goods; The Economics of an 'Out-of-Balance' Regime of Private Property Rights in Data and Information; Linkages Between the Market Economy and the Scientific Commons; Comment: Public Goods and Public Science; Sustainable Access to Copyrighted Digital Information Works in Developing Countries; Agricultural Research and Intellectual Property Rights; Comment: Using Intellectual Property Rights to Preserve the Global Genetic Commons; Can the TRIPS Agreement Foster Technology Transfer to Developing Countries?; Comment: Technology Transfer on the International Agenda; Patent Rights and International Technology Transfer Through Direct Investment and Licensing; Comment: TRIPS and Technology Transfer Evidence from Patent Data; Proprietary Rights and Collective Action: The Case of Biotechnology Research with Low Commercial Value; Markets for Technology, Intellectual Property Rights and Development; Using Liability Rules to Stimulate Local Innovation in Developing Countries: Application to Traditional Knowledge; Stimulating Agricultural Innovation; Developing and Distributing Essential Medicines; Managing the Hydra: The Herculean Task of Ensuring Access to Essential Medicines; Theory and Implementation of Differential Pricing for Pharmaceuticals; Increasing R&D Incentives for Neglected Diseases: Lessons from the Orphan Drug Act Henry Grabowski; Comment: Access to Essential Medicines-Promoting Human Rights Over Free Trade and Intellectual Property Claims; Legal and Economic Aspects of Traditional Knowledge; Saving the Village: Conserving Jurisprudential Diversity in the International Protection of Traditional Knowledge; Legal Perspectives on Traditional Knowledge: The Case for Intellectual Property Protection; Comment: Traditional Knowledge, Folklore and the Case for Benign Neglect; Protecting Cultural Industries to Promote Cultural Diversity: Dilemmas for International Policymaking Posed by the Recognition of Traditional Knowledge; Balancing Public and Private Interests in the Global Intellectual Property System; Issues Posed by a World Patent System; Intellectual Property Arbitrage: How Foreign Rules Can Affect Domestic Protections; An Agenda for Radical Intellectual Property Reform; Comment: Whose Rules, Whose Needs? Balancing Public and Private Interests; Diffusion and Distribution: The Impacts on Poor Countries of Technological Enforcement within the Biotechnology Sector; Equitable Sharing of Benefits from Biodiversity-Based Innovation: Some Reflections under the Shadow of a Neem Tree; The Critical Role of Competition Law in Preserving Public Goods in Conflict with Intellectual Property Rights; Expansionist Intellectual Property Protection and Reductionist Competition Rules: A TRIPS Perspective; Can Antitrust Policy Protect the Global Commons from the Excesses of IPRs?; Comment: Competition Law as a Means of Containing Intellectual Property Rights; Minimal Standards for the Patent/Antitrust Interface under TRIPS; Comment: Competitive Baselines for Intellectual Property Systems; Of Sovereign Interests, Private Rights, and Public Goods; The Economics of International Trade Agreements and Dispute Settlement with Intellectual Property Rights; Intellectual Property Rights and the Dispute Settlement Procedure in the World Trade Organization; International Intellectual Property Law and the Public Domain of Science; Recognizing Public Goods in WTO Dispute Settlement: Who Participates? Who Decides?
'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.' 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.' World Trade Review