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International patent law cooperation, harmonization and an institutional analysis of WIPO and the WTO

"When is international patent law cooperation and harmonization welfare-enhancing? What is the role of international institutions--WIPO and the WTO--in furthering such harmonization? This book explores these questions from a global welfarist, rationalist perspective. It grounds its analysis in innovation theory and a examination of patent law and prosecution, incorporating the uncertainty of patent law's impact on welfare at a detailed level, dynamic changes, the skewed nature of patent value and the difficulty of textually capturing patent concepts. Using tools from new institutional economics, it explores future design implications for international institutions, analyzing grounds for international cooperation as collective action problems and applying historical, political and transaction cost analyses. Academics, students and practitioners interested in international economic law, specifically in respect of patents, innovation and intellectual property, the TRIPs Agreement, the WTO and WIPO will find this book essential. It will also prove insightful for researchers whose primary background is in international relations or international political economy, but are seeking an introduction to the patent and intellectual property field"--Provided by publisher.

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  • "Cooperation, harmonization and an institutional analysis of WIPO and the WTO"@en

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  • ""When is international patent law cooperation and harmonization welfare-enhancing? What is the role of international institutions--WIPO and the WTO--in furthering such harmonization? This book explores these questions from a global welfarist, rationalist perspective. It grounds its analysis in innovation theory and a examination of patent law and prosecution, incorporating the uncertainty of patent law's impact on welfare at a detailed level, dynamic changes, the skewed nature of patent value and the difficulty of textually capturing patent concepts. Using tools from new institutional economics, it explores future design implications for international institutions, analyzing grounds for international cooperation as collective action problems and applying historical, political and transaction cost analyses. Academics, students and practitioners interested in international economic law, specifically in respect of patents, innovation and intellectual property, the TRIPs Agreement, the WTO and WIPO will find this book essential. It will also prove insightful for researchers whose primary background is in international relations or international political economy, but are seeking an introduction to the patent and intellectual property field"--Provided by publisher."@en
  • "This work considers international cooperation or harmonization in patent law and analyzes the two main international patent law governance institutions: the World Intellectual Property Organization (WIPO) and the World Trade Organization (WTO).A welfarist approach is adopted, proposing that international patent law should improve global welfare, subject to assumptions that the preferences of the world population are heterogeneous, that governments try to maximize the welfare of their citizens, and that international legal organization faces collective action problems.Normatively desirable patent law harmonization reconciles strong reasons for preserving diversity (including the static and dynamic satisfaction of local preferences and adapting to unpredictable change) with strong reasons for cooperation (reducing duplication in patent prosecution, and reconciling imbalanced national externalities, incentives to innovation and costs). The last reason leads to a system of national treatment and minimum standards. The risks presented by the skewed nature of invention are addressed in the international patent system through a form of regional insurance.Questions about the WTO dispute resolution system, the TRIPs Council, and the WTO's legitimacy are addressed by advocating a trade stakeholders' model. Whether international patent law should be seen as a multilateral obligation or a nexus of bilateral obligations is explored.Given diverse national preferences and high uncertainty surrounding the welfare effects of specific patent policies, the process of harmonization is inevitably a political process. This political aspect directly connects the topic of patent law harmonization with the institutional analysis of WIPO and the WTO. The implementation of welfare-enhancing patent law cooperation is best guarded by a process with a wide range of political inputs and transparency. Ultimately, only good international governance can deliver on the potential of the international patent system to promote international innovation, economic growth and worldwide prosperity.These reasons for cooperation present two linked but separable collective action problems, supporting the existence of two international institutions to govern patent cooperation. WIPO is best positioned to address duplication in patent prosecution. The WTO is best positioned to address imbalanced national externalities, incentives and costs. However, both the WIPO and the WTO are needed to provide a comprehensive international governance system."
  • "When is international patent law cooperation and harmonization welfare-enhancing? What is the role of international institutions - WIPO and the WTO - in furthering such harmonization? This book explores these questions from a global welfarist, rationalist perspective. It grounds its analysis in innovation theory and a examination of patent law and prosecution, incorporating the uncertainty of patent law's impact on welfare at a detailed level, dynamic changes, the skewed nature of patent value and the difficulty of textually capturing patent concepts. Using tools from new institutional economi."@en

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  • "International patent law cooperation, harmonization and an institutional analysis of WIPO and the WTO"
  • "International patent law cooperation, harmonization and an institutional analysis of WIPO and the WTO"@en
  • "International patent law : cooperation, harmonization and an institutional analysis of WIPO and the WTO"@en
  • "International patent law : cooperation, harmonization and an institutional analysis of WIPO and the WTO"
  • "International patent law cooperation, harmonization, and an institutional analysis of WIPO and the WTO"
  • "International patent law : cooperation, harmonization, and an institutional analysis of WIPO and the WTO"@en
  • "International patent law : cooperation, harmonization, and an institutional analysis of WIPO and the WTO"
  • "International patent law - cooperation, harmonization and an institutional analysis of WIPO and the WTO"
  • "International patent law: Cooperation, harmonization and an institutional analysis of WIPO and the WTO"
  • "International Patent Law Cooperation, Harmonization and an Institutional Analysis of WIPO and the WTO"@en

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