Is there a case for non-discrimination in the international protection of intellectual property?

Difei Geng and Kamal Saggi ()

Chapter 5 in Economic Analysis of the Rules and Regulations of the World Trade Organization, 2018, pp 109-123 from World Scientific Publishing Co. Pte. Ltd.

Abstract: We evaluate the case for non-discrimination in international patent protection. When trade is not subject to any frictions/barriers, requiring national treatment (NT) does not affect the rate of innovation (and welfare) since unfavorable discrimination suffered abroad by innovators in the absence of NT is fully offset by favorable discrimination enjoyed by them at home. When trade barriers exist, however, such international offsetting in patent protection is incomplete and innovation incentives are actually lower under NT. By lumping domestic and foreign patent protection together, NT blunts the overall effectiveness of patent protection in incentivizing innovation in the presence of trade barriers.

Keywords: Multilateral Trading System; Trade Agreements; Trade Liberalization; International Tariff Cooperation; WTO Disputes; Case Studies (search for similar items in EconPapers)
JEL-codes: F13 (search for similar items in EconPapers)
Date: 2018
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Journal Article: Is there a case for non-discrimination in the international protection of intellectual property? (2015)
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