Geneva gnome commented on 'Exclusive Rights, Monopoly Profits and Price...
This is one scenario that has been discussed as a potential non-violation dispute under TRIPS, e.g. by Fred Abbott (http://www.geneva.quno.info/pdf/QP11-nv.pdf): It is not difficult to foresee Members...
View ArticleRizwanul Islam commented on 'Exclusive Rights, Monopoly Profits and Price...
While patent in effect gives the patentee a monopolistic right, maybe it is a bit unrealistic to assume that patentee can set price far too high. The Patentee’s freedom to set price is also contingent...
View ArticleSimon Lester commented on 'Exclusive Rights, Monopoly Profits and Price...
Thanks for the links. I was trying to avoid non-violation, and have this be a violation complaint, but you may be right that non-violation is the better fit.
View Articleanon99 commented on 'Exclusive Rights, Monopoly Profits and Price Controls'
I too think non-violation is the better fit. At the risk of over-generalizing, any argument that a measure violates a WTO provision on the basis that the measure "undermine[s] the purpose" of the...
View ArticleHenning Grosse Ruse - Khan commented on 'Exclusive Rights, Monopoly Profits...
Dear Simon, patent rights (as understood in Art.28 TRIPS and in all national laws I know of) do not convey a positive monopoly to sell at a price the patent holder desires. Just look at the wording of...
View ArticleSimon Lester commented on 'Exclusive Rights, Monopoly Profits and Price...
Thanks, Henning. I have little doubt you are right about the ultimate conclusion here. Still, it seems odd to me that the right being provided is an "exclusive right" to sell. That's a strange "right"...
View ArticleHenning Grosse Ruse - Khan commented on 'Exclusive Rights, Monopoly Profits...
Dear Simon, the artificial exclusivity IP protection entails is to provide an incentive for market actors to create and innovate. Without it, economic arguments go, the inventor/creator might prefer to...
View ArticleGeneva gnome commented on 'Exclusive Rights, Monopoly Profits and Price...
This is one scenario that has been discussed as a potential non-violation dispute under TRIPS, e.g. by Fred Abbott (http://www.geneva.quno.info/pdf/QP11-nv.pdf): It is not difficult to foresee Members...
View ArticleRizwanul Islam commented on 'Exclusive Rights, Monopoly Profits and Price...
While patent in effect gives the patentee a monopolistic right, maybe it is a bit unrealistic to assume that patentee can set price far too high. The Patentee’s freedom to set price is also contingent...
View ArticleSimon Lester commented on 'Exclusive Rights, Monopoly Profits and Price...
Thanks for the links. I was trying to avoid non-violation, and have this be a violation complaint, but you may be right that non-violation is the better fit.
View Articleanon99 commented on 'Exclusive Rights, Monopoly Profits and Price Controls'
I too think non-violation is the better fit. At the risk of over-generalizing, any argument that a measure violates a WTO provision on the basis that the measure "undermine[s] the purpose" of the...
View ArticleHenning Grosse Ruse - Khan commented on 'Exclusive Rights, Monopoly Profits...
Dear Simon,patent rights (as understood in Art.28 TRIPS and in all national laws I know of) do not convey a positive monopoly to sell at a price the patent holder desires. Just look at the wording of...
View ArticleSimon Lester commented on 'Exclusive Rights, Monopoly Profits and Price...
Thanks, Henning. I have little doubt you are right about the ultimate conclusion here. Still, it seems odd to me that the right being provided is an "exclusive right" to sell. That's a strange "right"...
View ArticleHenning Grosse Ruse - Khan commented on 'Exclusive Rights, Monopoly Profits...
Dear Simon,the artificial exclusivity IP protection entails is to provide an incentive for market actors to create and innovate. Without it, economic arguments go, the inventor/creator might prefer to...
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