Striking a Balance between Competition Law Enforcement and Patent Policy: A Developing Country's Perspective

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

27 Pages Posted: 19 Nov 2008  

Thomas K. Cheng

The University of Hong Kong - Faculty of Law

Date Written: November, 18 2008

Abstract

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.

Keywords: Competition law, patent policy, developing countries

Suggested Citation

Cheng, Thomas K., Striking a Balance between Competition Law Enforcement and Patent Policy: A Developing Country's Perspective (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. Available at SSRN: https://ssrn.com/abstract=1303345

Thomas K. Cheng (Contact Author)

The University of Hong Kong - Faculty of Law ( email )

Pokfulam Road
Hong Kong, Hong Kong
China

HOME PAGE: http://hub.hku.hk/rp/rp01242

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