The Impact of Emerging Market Patent Systems on Europe: Awaiting ‘The Rape of Europa'?

Abstract

The present paper will look into the relationship between emerging markets and Europe in a twofold way. First, the paper will discuss the question from a European perspective, and investigate what impact emerging market patents may have on Europe. Second, the paper will briefly address the issue from the emerging market perspective, and examine how Europe may affect emerging market patent systems.

The paper will conclude that the discussions about the current surge of emerging market patent filings reveal a fundamental tension between two different patent discourses: a more conventional/legal narrative employing patents as policy tools to stimulate innovation, and a more contemporary/economic approach looking at patents as market instruments. Only when both those discourses are taken into account, and measures are contemplated addressing those two facets of patents, can a meaningful response to the current emerging market patent tsunami be developed.

JEL Classification: D23, D45, H 41, H51, I18, K11, L14, L4, L 65, O13, O31, O32, O34