CEU Electronic Theses and Dissertations, 2010
| Author | Ohanga, Agnes Wakele |
|---|---|
| Title | INTERACTION BETWEEN PATENT PROTECTION AND COMPETITION POLICY: IMPLICATIONS FOR DEVELOPING COUNTRIES |
| Summary | The thesis analyses the implications of the interaction between patent rights and competition policy has on developing countries. The thesis in so doing undertakes a comparative analysis, covering the jurisdictions of US and EU and Kenya, South Africa and India. The interaction between patent rights and competition policy may give rise to anti-competitive effects where patent rights are exercised abusively, in a manner detrimental to fair trade and competition. In developing countries, the interaction is complex and multifaceted and may give rise to anti-competitive effects which have human rights, economic, cultural and social implications. This has been illustrated in South Africa following the HIV/AIDS crisis in 1998 where proceedings were instituted against pharmaceutical manufacturing companies on grounds that they were engaging in anti-competitive practices and abusing their patent rights resulting in high prices of necessary drugs. Other fields of interest analysed in this thesis include plant patents and plant variety righgs, biotechnology patents, traditional knowledge and transfer of technology. This interface between patent rights and competition policy can be seen in two instances, the first being in the determination, analysis and interpretation of the substantive standards of patentability. The non-compliance with patentability standards may result in a patent grant that affects competition from other innovators by presenting a barrier for further innovations and placing the patent owner in a dominant position. The second interaction is evident where the terms and conditions of a patent licensing agreement are exclusionary such that they block out competition, and present a barrier for technology transfer. The TRIPS Agreement recognises that intellectual property rights are susceptible to abuse, which may have adverse effects on trade and present a barrier to transfer and dissemination of technology to developing countries. Taking this into consideration developing countries are presented with the need to find a solution to combat adverse effects arising out of abuse of intellectual property rights. |
| Supervisor | Faludy, Gabor |
| Department | Legal Studies PhD |
| Full text | https://www.etd.ceu.edu/2010/ohangaa.pdf |
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