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Patent policy principles for the Trans Pacific Partnership Agreement

Moir, Hazel V J

Description

A balanced patent system is designed to encourage those inventions which would not otherwise occur and where the social benefits exceed the social costs. "Strong" IP means strong barriers to competition. The goal should be minimal disruption of competition consistent with achieving the policy goals. That is, patent policy must be consistent with Article 5 of the Competition Principles Agreement. This can be achieved with a patent system with the following elements: * A clear objectives...[Show more]

dc.contributor.authorMoir, Hazel V J
dc.date.accessioned2014-02-25T02:45:20Z
dc.date.available2014-02-25T02:45:20Z
dc.identifier.urihttp://hdl.handle.net/1885/11421
dc.description.abstractA balanced patent system is designed to encourage those inventions which would not otherwise occur and where the social benefits exceed the social costs. "Strong" IP means strong barriers to competition. The goal should be minimal disruption of competition consistent with achieving the policy goals. That is, patent policy must be consistent with Article 5 of the Competition Principles Agreement. This can be achieved with a patent system with the following elements: * A clear objectives statement that focuses on the economic goals; * Limitation to technology (to proxy large lumpy development costs); * A requirement for a significant contribution of new knowledge (inventive step); * Presumptions in favour of the public interest, with the onus resting on the applicant to demonstrate the benefit which would justify a patent grant; * Improvements to remove complexity and strategic games playing – reducing the extent to which patent policy goals are undermined by rights-holders; * Infringement penalties aligned with patent policy goals; * Simple procedures for the recovery of all profits where patents are found invalid; and * General oversight, audit and evaluation provisions, including collection of data that will assist in evaluating patent policy.
dc.format10 pages
dc.publisherunpublished
dc.rights©Moir, 2013 Full use of this document is permitted provided credit is given to the author and no document using this material includes a more restrictive copyright provision.
dc.subjectpatent policy
dc.subjecttrade agreements
dc.subjecttrade negotiations
dc.titlePatent policy principles for the Trans Pacific Partnership Agreement
dc.typeManuscript
local.description.notesThis is a submission to the Department of Foreign Affairs and Trade in respect of their negotiation of the proposed Trans Pacific Partnership Agreement
local.description.notesThis is an abbreviated version of a longer article discussing patent policy for technology-importing nations, to be presented at the forthcoming Fourth Asia-Pacific Innovation Conference, National Taiwan University, Taipei, 6-7 December 2013
dc.date.issued2013
local.type.statusPublished Version
local.contributor.affiliationMoir, Hazel V J, Adjunct Associate Professor, Centre for Policy Innovation, Research School of Social Sciences, The Australian National University
dcterms.accessRightsOpen Access
CollectionsANU Research Publications

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