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Flexibility in the implementation of intellectual property rights in agricultural biotechnology

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Author Info

  • Michel Trommetter

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Abstract

In this paper I discuss the fact that economists define optimal IP rights as a continuum of options in three dimensions: height, breadth and length. At the operational level we see the impossibility of multiplying rights indefinitely (due to prohibitive transaction costs), as well as the use of a limited number of IP tools which have led to the implementation of flexibilities. These flexibilities are designed to limit certain perverse effects of rights ill-adjusted to the characteristics of some economic sectors (agricultural biotechnologies, pharmacy, etc.). In this context, I analyse how these flexibilities are implemented in TRIPS and TRIPS+ agreements and I study the consequences for Developing Countries.

(This abstract was borrowed from another version of this item.)

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File URL: http://hdl.handle.net/10.1007/s10657-009-9133-7
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Bibliographic Info

Article provided by Springer in its journal European Journal of Law and Economics.

Volume (Year): 30 (2010)
Issue (Month): 3 (December)
Pages: 223-245

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Handle: RePEc:kap:ejlwec:v:30:y:2010:i:3:p:223-245

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Web page: http://www.springerlink.com/link.asp?id=100264

Related research

Keywords: Intellectual property right; Patent; Agriculture; Trips; Innovation; K11;

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References

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  1. Bhattacharya, Sudipto & Glazer, Jacob & Sappington, David E. M., 1992. "Licensing and the sharing of knowledge in research joint ventures," Journal of Economic Theory, Elsevier, vol. 56(1), pages 43-69, February.
  2. Lerner, Josh & Tirole, Jean, 2003. "Efficient Patent Pools," IDEI Working Papers 211, Institut d'Économie Industrielle (IDEI), Toulouse.
  3. Bhattacharya, Sudipto & Guriev, Sergei, 2004. "Knowledge Disclosure, Patents and Optimal Organization of Research and Development," CEPR Discussion Papers 4513, C.E.P.R. Discussion Papers.
  4. Billette de Villemeur, Etienne & Versaevel, Bruno, 2003. "From private to public common agency," Journal of Economic Theory, Elsevier, vol. 111(2), pages 305-309, August.
  5. Forero-Pineda, Clemente, 2006. "The impact of stronger intellectual property rights on science and technology in developing countries," Research Policy, Elsevier, vol. 35(6), pages 808-824, July.
  6. Langinier, Corinne & Moschini, GianCarlo, 2002. "Economics of Patents: An Overview, The," Staff General Research Papers 2061, Iowa State University, Department of Economics.
  7. Trommetter, Michel, 2005. "Biodiversity and international stakes: A question of access," Ecological Economics, Elsevier, vol. 53(4), pages 573-583, June.
  8. 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. Mónica L. Azevedo & Óscar Afonso & Sandra T. Silva, 2013. "Endogenous growth and intellectual property rights: a North-South modelling proposal," FEP Working Papers 492, Universidade do Porto, Faculdade de Economia do Porto.

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