发信人: qili (qili), 信区: Economics
标 题: Compulsory Licensing and its implication on R&D
发信站: The unknown SPACE (Wed Sep 22 20:35:26 1999), 转信
South Aferica today announced that in order to
combat more effectively certain illness (AIDS, etc),
it will set up a review committee where each pamaceutical
manufacturer has to justify its pricing in SA. Those who
cannot justify successfully before the committee will
see their patents in SA being granted to other manufacturers
to produce the medicine at cost (thus the patent holders
are compelled by the government to grand their license
mandatorilly to third parties).
South Aferica's justifications for compulsory licensing
include their assertion that the phamaceutical
producers are holding out the medicine in hope of
a large scale breakout to maximize their profits (selling
to 100 patients now vs. selling to a million in the
future), and high prices of the medicine that make them
unaffordable to average south afericans.
This would be a good econ research topic, with concurrent
policy implications. Specifically:
a) why and how should a government invoke compulsory licensing?
b) under what conditions would compulsory licensing being
social welfare enhancing?
c) what impact, if any, does compulsory licensing have on
firm's R&D research and investments in patents?
d) why would patent law designers give the government the
right to strip someone of its patents?
e) should a government discriminatorily apply compulsory
licensing to domestic and international/multi-national
f) how would the patent investors react to compulsory licensing?
would this unravel the whole patent law/intellectual property
rights of our society? how does the equilibrium look like, if there
g) how should a developing contoury like China utilize compulsory
licensing to its advantage? (like on certain software technology
vital to the nation's development)
It is a very interesting and flammatory topic right now.
※ 来源:．The unknown SPACE bbs.mit.edu．[FROM: 22.214.171.124]