Intellectual Property Rights in the Global Economy / Edition 1

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Overview

Over the past 15 years, intellectual property rights (IPRs) have moved from an arcane area of legal analysis and a policy backwater to the forefront of global economic policymaking. In the 1990s dozens of countries unilaterally strengthened their laws and regulations in this area, and many others are poised to do likewise. At the multilateral level, the successful conclusion of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) elevates the protection and enforcement of IPRs to the level of inviolable international commitment.

The new global system emerging from IPRs comes with benefits as well as costs. Their increasing importance raises international economic policy questions that evoke impassioned and exaggerated claims from both advocates and opponents of stronger property rights in information. In the first economic assessment of the effects of stronger international IPRs in one volume, Keith E. Maskus examines these competing claims through a comprehensive analysis of the economic impacts of extended international protection and partial harmonization of IPRs. He brings together recent studies of various aspects of the issue and performs new quantitative and qualitative analyses. He presents findings that will be applied to a number of important policy questions on the very new phenomenon of IPRs.

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Product Details

  • ISBN-13: 9780881322828
  • Publisher: Peterson Institute for International Economics
  • Publication date: 5/1/2000
  • Edition description: New Edition
  • Edition number: 1
  • Pages: 266
  • Product dimensions: 5.90 (w) x 8.90 (h) x 0.70 (d)

Table of Contents

Preface ix
Acknowledgments xv
1 Introduction: The Issue Is Deeper than American Movies 1
The Evolving Global System 3
Economic Issues 6
Objectives of the Study 7
Organization of the Volume and Summary of Findings 9
2 A Road Map for the TRIPs Ahead 15
General Obligations 17
Copyrights 17
Trademarks and Indications 19
Patents 20
Integrated Circuits 22
Trade Secrets 22
Control of Anticompetitive Practices 24
Enforcement 24
Transition Periods 25
Administration of TRIPs 25
Summary 26
3 Globalization and the Economics of Intellectual Property Rights: Dancing the Dual Distortion 27
Economics of Intellectual Property Rights 28
Structures and Objectives of IPRs 36
Sectoral Reliance on IPRs 51
The Evolving US System: Protectionism Unchained? 65
Globalization and the Technology Content of Trade 66
Pressures for Change in the Global IPRs System 83
Summary 84
4 The Global Effects of Intellectual Property Rights: Measuring What Cannot Be Seen 87
Measuring Intellectual Property Rights across Borders 88
Determinants of Intellectual Property Rights 102
The Effects of IPRs on International Economic Activity 109
IPRs and International Technology Transfer 136
Summary 141
5 Intellectual Property Rights and Economic Development: Patents, Growth, and Growing Pains 143
How IPRs Contribute to Development 145
Global Research and Development 156
How IPRs Hamper Economic Development 157
Evidence on the Overall Impact of IPRs on Growth 169
Summary 169
6 The Global Policy Framework: Intellectual Property Rights and Wrongs? 171
Putting TRIPs into Action 171
TRIPs as an Economic Optimizer 192
Regional Initiatives 194
Summary 197
7 Benefiting from Intellectual Property Protection: Take the Medicine, but Get Some Exercise, Too 199
National Policies to Optimize IPRs 200
IPRs and Social Regulation 216
International Initiatives 225
Summary 232
8 Conclusions and Policy Recommendations: Are We There Yet? 235
Where We Are 235
Where We Are Going 238
Does TRIPs Belong in the WTO? 238
The Way Forward Is to Be Forward-Looking 239
References 243
Index 255
Tables
Table 2.1 Substantive requirements of the TRIPs agreement in the WTO 18
Table 3.1 Instruments and agreements for protecting IPRs 37
Table 3.2 Patent applications in selected countries 68
Table 3.3 Trademark applications in selected countries 70
Table 3.4 Applications for registrations of plant varieties in selected countries 71
Table 3.5 Indicators of demand for copyright products in selected countries 72
Table 3.6 Trade in IPR-sensitive goods for selected countries 74
Table 3.7 Trade in IPR-sensitive services and royalties and license fees 80
Table 3.8 Inward and outward stocks of foreign direct investment 82
Table 4.1 Membership trends in key intellectual property conventions 89
Table 4.2 Qualitative trends in intellectual property protection, selected countries 92
Table 4.3 Indices of the strength of IPRs laws 95
Table 4.4 Survey indices of perceived strength of IPRs 98
Table 4.5 Estimated rates of software piracy and lost revenues 100
Table 4.6 Determinants of Ginarte-Park Patent Rights Index 106
Table 4.7 1985 income levels and 1990 predicted patent indices 108
Table 4.8 Simulated increases in total imports by sector into developing countries resulting from strengthened patent laws 115
Table 4.9 Percentage of firms claiming that strength or weakness of IPRs has a strong effect on whether direct investments will be made, by type of facility, 1991 126
Table 4.10 Percentage of firms claiming that intellectual property protection is too weak to permit type of investment, 1991 128
Table 4.11 Simultaneous equations models of the impact of patent strength on international exploitation of intellectual assets 132
Table 4.12 Estimates of the general-equilibrium knowledge capital model 134
Table 5.1 Simulated static effects of stronger IPRs enforcement in Lebanon, 1996 158
Table 6.1 Estimated static rent transfers from TRIPs-induced strengthening of 1998 patent laws 184
Table 6.2 Estimates of how TRIPs patent changes affect international flows of economic activity for selected countries 187
Table 7.1 Summary of IPRs exhaustion regimes 210
Figures
Figure 3.1 Basic access innovation trade-off in IPRs 30
Figure 4.1 Relationship between patent rights and per capita GNP 104
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