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Compulsory licensing, price controls, and access to patented foreign products

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  • Eric Saggi

    (Department of Economics, Vanderbilt University)

  • Saggi Saggi

    (Department of Economics, Vanderbilt University)

Abstract

Motivated by existing multilateral rules regarding intellectual property, we develop a North-South model to highlight the dual roles price controls and compulsory licensing play in determining Southern access to a patented Northern product. The Northern patent-holder chooses whether and how to work its patent in the South (either via entry or voluntarily licensing) while the South determines the price control and whether to issue a compulsory license. The threat of compulsory licensing benefits the South and also increases global welfare when the North-South technology gap is significant. The price control and compulsory licensing are complementary instruments from the Southern perspective.

Suggested Citation

  • Eric Saggi & Saggi Saggi, 2012. "Compulsory licensing, price controls, and access to patented foreign products," Vanderbilt University Department of Economics Working Papers 12-00006, Vanderbilt University Department of Economics.
  • Handle: RePEc:van:wpaper:vuecon-12-00006
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    References listed on IDEAS

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    Cited by:

    1. Seifert, Jacob, 2013. "Compulsory Licensing, Innovation and Welfare," VfS Annual Conference 2013 (Duesseldorf): Competition Policy and Regulation in a Global Economic Order 79778, Verein für Socialpolitik / German Economic Association.
    2. Claire Brunel & Thomas Zylkin, 2022. "Do cross‐border patents promote trade?," Canadian Journal of Economics/Revue canadienne d'économique, John Wiley & Sons, vol. 55(1), pages 379-418, February.
    3. Kamal Saggi, 2016. "Trade, Intellectual Property Rights, and the World Trade Organization," Vanderbilt University Department of Economics Working Papers 16-00014, Vanderbilt University Department of Economics.
    4. Eric W Bond & Kamal Saggi, 2017. "Price controls versus compulsory licensing: effects on patent-holders and consumers," Vanderbilt University Department of Economics Working Papers 17-00013, Vanderbilt University Department of Economics.
    5. Eric W. Bond & Ben Zissimos, 2017. "Patent Breadth In An International Setting," Economic Inquiry, Western Economic Association International, vol. 55(3), pages 1538-1555, July.
    6. Xuan Nguyen & Pasquale Sgro & Munirul Nabin, 2017. "Optimal Licensing Policy under Vertical Product Differentiation," Review of Development Economics, Wiley Blackwell, vol. 21(3), pages 497-510, August.
    7. Sarmah, Archita & De Giovanni, Domenico & De Giovanni, Pietro, 2020. "Compulsory licenses in the pharmaceutical industry: Pricing and R&D strategies," European Journal of Operational Research, Elsevier, vol. 282(3), pages 1053-1069.
    8. Volman, Lucas, 2018. "The TRIPS Article 31 Tug of War Developing Country Compulsory Licensing of Pharmaceutical Patents and Developed Country Retaliation," LawArXiv 6cxaj, Center for Open Science.
    9. Jacob Seifert, 2015. "Welfare effects of compulsory licensing," Journal of Regulatory Economics, Springer, vol. 48(3), pages 317-350, December.
    10. Bond, Eric W. & Saggi, Kamal, 2020. "Patent protection in developing countries and global welfare: WTO obligations versus flexibilities," Journal of International Economics, Elsevier, vol. 122(C).
    11. Chatterjee, Chirantan & Kubo, Kensuke & Pingali, Viswanath, 2015. "The consumer welfare implications of governmental policies and firm strategy in markets for medicines," Journal of Health Economics, Elsevier, vol. 44(C), pages 255-273.
    12. Eric W Bond & Kamal Saggi, "undated". "Compulsory licensing and patent protection: a North-South perspective," Vanderbilt University Department of Economics Working Papers 16-00011, Vanderbilt University Department of Economics.
    13. Joerg Baten & Nicola Bianchi & Petra Moser, 2015. "Does Compulsory Licensing Discourage Invention? Evidence From German Patents After WWI," NBER Working Papers 21442, National Bureau of Economic Research, Inc.
    14. Baten, Joerg & Bianchi, Nicola & Moser, Petra, 2017. "Compulsory licensing and innovation – Historical evidence from German patents after WWI," Journal of Development Economics, Elsevier, vol. 126(C), pages 231-242.

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    More about this item

    Keywords

    Patented Goods; Compulsory Licensing; Price Controls; Quality; Welfare;
    All these keywords.

    JEL classification:

    • F0 - International Economics - - General

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