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Title: Non-use and unreasonable use of intellectual property rights : case-studies from the United States and European Union
Author: Subramanian, Sujitha
ISNI:       0000 0004 2710 4491
Awarding Body: University of East Anglia
Current Institution: University of East Anglia
Date of Award: 2010
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Intellectual Property (IP) law envisions promotion of innovation, creativity and productivity by protecting intellectual achievements and thus, providing incentives for firms and innovators to invest in technologies. But the rationale for IP protection has in some cases, demonstrably failed due to the manner in which it could be abused and misused as the grant of exclusive rights to innovators can simultaneously raise barriers to accessing information and technology, thus slowing down competition and raising costs for consumers. Consequently, IP rights have been caught up in an ideological contest of why, what and how innovation should be pursued within the complex globalised high-tech knowledge-economy. This thesis analyses the promotion of innovation in light of non-use and unreasonable use of IP rights in the United States (US) and European Union (EU) within a dynamic legal, political and economic framework. In unfolding the various dimensions of this issue, the thesis is structured in the form of essays which independently examine target case-studies in the US and EU. It uses an inter-disciplinary approach and multiple methodologies, including empirical and legal textual analysis to covers IP non-use and unreasonable use within the context of research and development policy, trade and liberalisation policy, and competition policy. The thesis explores specific areas where the US and EU are faced with the challenge to deal with non-use and unreasonable use of IP rights. It further analyses whether the steps taken by the US and EU to deal with these challenges would stand the scrutiny of international treaty agreements such as the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS). The thesis finds that both US and EU struggle to deal with challenges posed by abuse of IP rights. Furthermore, both jurisdictions are reluctant to comply with their obligation towards the TRIPS agreement. Overall, the thesis finds that the US and the EU are poor role models to developing countries who look up to the developed economies in their effort to enhance their patent regime.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available