Learning from Past Mistakes — The US Patent System and International Trade Agreements

Robin Feldman

Chapter 8 in Megaregionalism 2.0:Trade and Innovation within Global Networks, 2018, pp 145-155 from World Scientific Publishing Co. Pte. Ltd.

Abstract: To ensure that the Trans-Pacific Partnership Agreement (TPP) works properly in practice with regard to patents and the governance of pharmaceuticals and semiconductors, strong mechanisms for enforcement and rooting out system abuse are needed. To make this happen, regulators should learn from past mistakes of the US patent system: the proliferation of non-practicing entities (NPEs) and strategic behavior that blocks or delays generic competition in the pharmaceutical industry. This chapter presents key findings of the author’s research on the complexity of the US litigation and regulatory frameworks that have provided fertile ground for strategic behavior that can have negative effects on innovation and may distort the expected gains from trade for innovation.

Keywords: Globalization; Megaregionalism; Trade; Innovation; Trade Gains; Negative Impacts; Trade Rules; Intellectual Property; Standards; Asia; China; TPP; RCEP (search for similar items in EconPapers)
JEL-codes: F10 (search for similar items in EconPapers)
Date: 2018
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