Breaking the Fence: Patent Rights and Biomedical Innovation in “Technology Followers”
Author(s)
Sampath, Padmashree Gehl
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Abstract
The impact of patent protection on biomedical innovation has been a controversial issue.
Although a “medical anti-commons” has been predicted due to a proliferation of patents on
upstream technologies, evidence to test these concerns is only now emerging. However, most
industrial surveys that shed light on this issue are mainly from developed countries, making it
very difficult to predict the impact of patenting on biomedical innovation in developing and
least developed countries. This paper develops a framework of analysis for the impact of patent
rights on biomedical innovation in “technology follower” developing countries. Based on the
framework developed in the paper, empirical data collected in an industry-level survey of the
Indian pharmaceutical industry between November 2004 and January 2005 is used to analyze
the impact of patent rights as recognized under the Agreement on Trade Related Aspects of
Intellectual Property Rights (TRIPS Agreement) on biomedical innovation in technology
followers.
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Date
2006-10
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Text
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Proceedings