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

Emerging Markets and the World Patent Order, Frederick M. Abbott, Carlos M. Correa & Peter Drahos, eds., Edward Elgar, 2013, 355-368

13 Pages Posted: 16 Mar 2014

See all articles by Geertrui Van Overwalle

Geertrui Van Overwalle

KU Leuven - Centre for IT & IP Law (CiTiP)

Date Written: 2013

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

Suggested Citation

Van Overwalle, Geertrui, The Impact of Emerging Market Patent Systems on Europe: Awaiting ‘The Rape of Europa'? (2013). Emerging Markets and the World Patent Order, Frederick M. Abbott, Carlos M. Correa & Peter Drahos, eds., Edward Elgar, 2013, 355-368. Available at SSRN: https://ssrn.com/abstract=2409233

Geertrui Van Overwalle (Contact Author)

KU Leuven - Centre for IT & IP Law (CiTiP) ( email )

Sint-Michielsstraat 6 box 3443
Leuven, 3000
Belgium

HOME PAGE: https://www.law.kuleuven.be/citip/en/staff/00015469

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