TRIPS, Patents and Innovation: A Necessary Reappraisal

E15 Expert Group on Trade and Innovation: Think Piece, 2015

16 Pages Posted: 10 Feb 2015

See all articles by Bryan Christopher Mercurio

Bryan Christopher Mercurio

Chinese University of Hong Kong - Faculty of Law; University of New South Wales - Faculty of Law

Date Written: February 9, 2015

Abstract

This think piece examines the issue of patents and innovation in the light of both the TRIPS Agreement and the available evidence. After reviewing the raison d’être of the TRIPS Agreement, it focuses on what can be done within the confines of the WTO to ensure that patent protection stimulates innovation, and that the benefits are in balance with social costs. Towards this, it explores four alternatives to the status quo that would place innovation at the core of the TRIPS Agreement. The think piece concludes with recommendations that should be part of a long-term vision to promote innovation, but emphasizes that the discussion and research for this should begin today.

Keywords: patents, innovation, TRIPS Agreement

JEL Classification: K11, K20, K33, O31, O34

Suggested Citation

Mercurio, Bryan Christopher, TRIPS, Patents and Innovation: A Necessary Reappraisal (February 9, 2015). E15 Expert Group on Trade and Innovation: Think Piece, 2015. Available at SSRN: https://ssrn.com/abstract=2562736

Bryan Christopher Mercurio (Contact Author)

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

6/F Western Teaching Complex
Shatin, New Territories
Hong Kong
(852) 2696 1139 (Phone)

University of New South Wales - Faculty of Law

Kensington, New South Wales 2052
Australia

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