January 2008
·
69 Reads
This chapter examines the role of patent policy in the open economy. It begins by considering how the presence of patents affects trade in patentable products. A brief review of the general argument for patent protection is followed by consideration of the elements that comprise a patent system, and which determine "patent strength." Attention is then given to howthe existence of the global market influences countries' choices of patent system. It is noted that the way patents are applied tends to push countries toward extreme choices, which may partly explain the pressure for some degree of international harmonization that led to the minimum standards specified in the TRIPS Agreement. But even with these minimum standards, countries retain discretion over important aspects of their patent systems.