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" Non-use and unreasonable use of intellectual property rights : "
Subramanian, Sujitha
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Latin Dissertation
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| Record Number
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1098340
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TLets539344
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| Main Entry
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Subramanian, Sujitha
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| Title & Author
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Non-use and unreasonable use of intellectual property rights :\ Subramanian, Sujitha
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| College
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University of East Anglia
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| Date
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2010
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| student score
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2010
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| Degree
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Ph.D.
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| Abstract
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Intellectual Property (IP) law envisions promotion of innovation, creativity andproductivity by protecting intellectual achievements and thus, providingincentives for firms and innovators to invest in technologies. But the rationale forIP protection has in some cases, demonstrably failed due to the manner in which itcould be abused and misused as the grant of exclusive rights to innovators cansimultaneously raise barriers to accessing information and technology, thusslowing down competition and raising costs for consumers. Consequently, IPrights have been caught up in an ideological contest of why, what and howinnovation should be pursued within the complex globalised high-techknowledge-economy.This thesis analyses the promotion of innovation in light of non-use andunreasonable use of IP rights in the United States (US) and European Union (EU)within a dynamic legal, political and economic framework. In unfolding thevarious dimensions of this issue, the thesis is structured in the form of essayswhich independently examine target case-studies in the US and EU. It uses aninter-disciplinary approach and multiple methodologies, including empirical andlegal textual analysis to covers IP non-use and unreasonable use within thecontext of research and development policy, trade and liberalisation policy, andcompetition policy.The thesis explores specific areas where the US and EU are faced with thechallenge to deal with non-use and unreasonable use of IP rights. It furtheranalyses whether the steps taken by the US and EU to deal with these challengeswould stand the scrutiny of international treaty agreements such as the Agreementon Trade Related Aspects of Intellectual Property Rights (TRIPS). The thesisfinds that both US and EU struggle to deal with challenges posed by abuse of IPrights. Furthermore, both jurisdictions are reluctant to comply with theirobligation towards the TRIPS agreement. Overall, the thesis finds that the US andthe EU are poor role models to developing countries who look up to the developedeconomies in their effort to enhance their patent regime.
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University of East Anglia
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