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Flexibility in the implementation of intellectual property rights in agricultural biotechnology

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  • Trommetter, M.

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.

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File URL: http://www.grenoble.inra.fr/Docs/pub/A2007/gael2007-13.pdf
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Bibliographic Info

Paper provided by Grenoble Applied Economics Laboratory (GAEL) in its series Working Papers with number 200708.

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Date of creation: 2007
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Handle: RePEc:gbl:wpaper:200708

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Keywords: TRIPS; INTELLECTUAL PROPERTY RIGHTS; PATENT; AGRICULTURE; INNOVATION;

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References

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  1. 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.
  2. Corinne Langinier & GianCarlo Moschini, 2002. "Economics of Patents: An Overview, The," Center for Agricultural and Rural Development (CARD) Publications 02-wp293, Center for Agricultural and Rural Development (CARD) at Iowa State University.
  3. Carl Shapiro, 2004. "Navigating the Patent Thicket: Cross Licenses, Patent Pools and Standard Setting," Levine's Working Paper Archive 122247000000000539, David K. Levine.
  4. Josh Lerner & Jean Tirole, 2002. "Efficient Patent Pools," NBER Working Papers 9175, National Bureau of Economic Research, Inc.
  5. Etienne Billette de Villemeur & Bruno Versaevel, 2002. "From Private to Public Common Agency," Cahiers de recherche 02-06, HEC Montréal, Institut d'économie appliquée.
  6. 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.
  7. Trommetter, M., 2004. "Biodiversity and international stakes : a question of access," Working Papers 200418, Grenoble Applied Economics Laboratory (GAEL).
  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.
  9. 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.
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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.
  2. Azevedo, Mónica L. & Afonso, Óscar & Silva, Sandra T., 2014. "Endogenous growth and intellectual property rights: A north–south modeling proposal," Economic Modelling, Elsevier, vol. 38(C), pages 112-120.

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