Intellectual Property Rights in Emerging Markets

By Clarisa Long | Go to book overview

Notes
1.
For an analysis of the Calvo Doctrine, see Abbott ( 1976).
2.
The U.S. Supreme Court in 1980 declared in Diamond v. Chakrabarty that the products of biotechnology were patentable.
3.
For a complete description of this process, see Buscaglia ( 1993).
4.
Michael Gadbaw and Timothy Richards ( 1988, 189-90) discuss the state of technological adaptation in Argentina, but fail to explain the role played by import-substitution policies. John Barton ( 1992) argues that countries generating advanced technologies have contributed to Argentina's poor use of information technology by imposing legal restrictions on technology exports based on national security concerns.
5.
For a description of fixed-royalty compulsory licenses, see Gad baw and Richards ( 1988).
6.
Seventy percent of potential foreign direct investment in Argentine high-technology products is estimated to be lost because of a weak patent regime. For a study of the effects of tacit knowledge contained in complex technologies, see Bell and Pavitt ( 1993).
7.
The two main trade associations representing the industry are the Industrial Center of Argentine Pharmaceutical Laboratories (CILFA) and the Latin American Pharmaceutical Industry Association (ALIFAR). Both have strong ties to key members of the two legislative branches in Argentina. Millions of dollars in political contributions explain why the associations are influential in the country's congress.
8.
For a statistical abstract, see IDB ( 1992).
9.
For a discussion of legal evolution in a civil law system, see Long and Buscaglia ( 1997).
10.
In contrast, the United States has a common law system, in which formal changes to the law are made by both the judicial branch, in its interpretation of the law, and the legislature, in its amendments to the U.S. Code. As a result, in a common law system, there is no single, clear indicator of the degree to which the law evolves over time ( Long and Buscaglia 1997).
11.
That is a clear trend in public opinion observed in Gallup polls throughout the region. For more details, see Buscaglia, Dakolias, and Ratliff ( 1995), and Buscaglia and Dakolias ( 1995). The results indicate that in samples of sixty to one hundred firms per country, the majority of enterprises polled consider the role of the judiciary to be "deficient." Those businesses consider the lack of a reliable judiciary within Mercosur countries to be one of the main reasons for seeking a predictable dispute-resolution mechanism ( Buscaglia and Dakolias 1995, 25-31).

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Intellectual Property Rights in Emerging Markets
Table of contents

Table of contents

  • Title Page iii
  • Contents v
  • Acknowledgments vii
  • 1 - Introduction 1
  • References 10
  • 2 - The Political Economy of Intellectual Property Rights Protection in the People's Republic of China 11
  • Notes 39
  • References 41
  • 3 - The Indian Intellectual Property Rights Regime and the Trips Agreement 47
  • Notes 89
  • References 94
  • 4 - Can Intellectual Property in Latin America Be Protected? 96
  • Notes 123
  • References 124
  • About the Editor and Authors 129
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