Striking a Balance between Competition Law Enforcement and Patent Policy: A Developing Country's Perspective
Thomas K. Cheng
The University of Hong Kong - Faculty of Law
November, 18 2008
THE EFFECTS OF ANTI-COMPETITIVE BUSINESS PRACTICES ON DEVELOPING COUNTRIES AND THEIR DEVELOPMENT PROSPECTS, Hassan Qaqaya and George Lipimile, eds., pp. 633-59, UNCTAD 2008
This book chapter examines the tension between competition law enforcement and patent policy in developing countries. Based on the framework proposed by Louis Kaplow in an article in the early 1980s, this book chapter suggests how developing countries should balance consumer welfare against the need to provide incentives to innovate. The book chapter argues that the balance depends on the developing country at issue, in particular on that country's capacity to innovate. For those developing countries with little capacity to innovate, this book chapter suggests that the balance should be tilted towards competition law enforcement. The degree of patent protection should be increased as the country's capacity to innovate improves.
Number of Pages in PDF File: 27
Keywords: Competition law, patent policy, developing countries
Date posted: November 19, 2008
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