Intellectual Property Rights and Technology Transfer Keith E. Maskus WIPO-WTO Joint Workshop 17...
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Transcript of Intellectual Property Rights and Technology Transfer Keith E. Maskus WIPO-WTO Joint Workshop 17...
Intellectual Property Intellectual Property Rights and Technology Rights and Technology
TransferTransfer
Keith E. MaskusKeith E. Maskus
WIPO-WTO Joint WorkshopWIPO-WTO Joint Workshop
17 November 200317 November 2003
International Technology International Technology TransferTransfer
ConceptsConcepts What is ITT?What is ITT? What are its components?What are its components?
Market-mediated means of ITTMarket-mediated means of ITT Trade in goods and servicesTrade in goods and services Foreign direct investmentForeign direct investment Technology licensingTechnology licensing Joint venturesJoint ventures
International Technology International Technology TransferTransfer
Non-market channels of ITTNon-market channels of ITT Imitation and reverse engineeringImitation and reverse engineering Labor turnoverLabor turnover Temporary migration of scientific and Temporary migration of scientific and
technical personneltechnical personnel Reading patent applicationsReading patent applications
ITT and SpilloversITT and Spillovers
Measuring spillover impactsMeasuring spillover impacts Positive evidence from imports and Positive evidence from imports and
exportsexports Mixed evidence from horizontal FDIMixed evidence from horizontal FDI Strong evidence of backward linkagesStrong evidence of backward linkages Few studies of spillovers from licensingFew studies of spillovers from licensing Issues regarding public domain ITTIssues regarding public domain ITT
Essential Determinants of Essential Determinants of Inward FDIInward FDI
Market size and growthMarket size and growth Proximity to other marketsProximity to other markets Human capital base and skillsHuman capital base and skills Domestic R&D capacityDomestic R&D capacity Good governance and transparencyGood governance and transparency Trade costs and investment costsTrade costs and investment costs Effective infrastructureEffective infrastructure
The Role of IPRsThe Role of IPRs
Problems with technology marketsProblems with technology markets Ability to appropriate returns to Ability to appropriate returns to
investmentinvestment Information problemsInformation problems Market powerMarket power Public goods questionsPublic goods questions
The Role of IPRsThe Role of IPRs
Basic objectives of balanced IP protectionBasic objectives of balanced IP protection Promote innovation through exclusive rightsPromote innovation through exclusive rights Public disclosure to expand knowledge stockPublic disclosure to expand knowledge stock Support for markets in technology, including Support for markets in technology, including
ITTITT Support diffusion and incremental innovationSupport diffusion and incremental innovation
Can trade secrets contribute?Can trade secrets contribute? But IPRs raise their own problemsBut IPRs raise their own problems
Summary of Empirical Summary of Empirical ResearchResearch
Patent applications are an important Patent applications are an important conduit for learning among OECD conduit for learning among OECD
Patent rights may be expected to Patent rights may be expected to raise rents earned by inventorsraise rents earned by inventors
A comment on the nature of A comment on the nature of empirical work in this areaempirical work in this area
Trade flows respond to patents Trade flows respond to patents among developing countriesamong developing countries
Summary of Empirical Summary of Empirical ResearchResearch
Evidence on patents and FDI is mixed Evidence on patents and FDI is mixed and there may be threshold effectsand there may be threshold effects
Licensing seems to respond positively Licensing seems to respond positively to patents and there is an to patents and there is an “externalization effect”“externalization effect”
Sophistication of technologies Sophistication of technologies transferred rises with IP protectiontransferred rises with IP protection
Not enough evidence on poorest Not enough evidence on poorest countriescountries
National Historical National Historical ExperienceExperience
Japanese history suggests importance of Japanese history suggests importance of well-chosen IP standards and promotion of well-chosen IP standards and promotion of innovation and diffusioninnovation and diffusion
Korean history indicates trajectory from Korean history indicates trajectory from imitating mature technologies to imitating mature technologies to knowledge-driven innovationknowledge-driven innovation
Access to mature, stable technologies is Access to mature, stable technologies is important for poor countriesimportant for poor countries
Impact of TRIPS?Impact of TRIPS?
Host-Country Policy Host-Country Policy SuggestionsSuggestions
Remove barriers to entry in innovationRemove barriers to entry in innovation Adequate supply of engineering and Adequate supply of engineering and
management skillsmanagement skills Ensure competition in supplier industries for Ensure competition in supplier industries for
backward linkagesbackward linkages Promote adequate business environmentPromote adequate business environment Reduce “technological distance”Reduce “technological distance” IP standards to promote dynamic IP standards to promote dynamic
competitioncompetition
A Comment on Article 66.2A Comment on Article 66.2
Difficulty of forcing technology Difficulty of forcing technology transfertransfer
Scope for expanding 66.2Scope for expanding 66.2 WTO can play a role in collaboration WTO can play a role in collaboration
and sharing informationand sharing information WTO can monitor and evaluate WTO can monitor and evaluate
programsprograms Broader thinking neededBroader thinking needed
ConclusionConclusion
Importance of ITTImportance of ITT Focus on reducing market Focus on reducing market
imperfections and expanding imperfections and expanding receptivity of host countriesreceptivity of host countries
IPRs can play a positive roleIPRs can play a positive role