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The Development AgendaGlobal Intellectual Property and Developing Countries$
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Neil Weinstock Netanel

Print publication date: 2008

Print ISBN-13: 9780195342109

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780195342109.001.0001

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Antitrust, Patents, and Developing Nations

Antitrust, Patents, and Developing Nations

(p.401) 17 Antitrust, Patents, and Developing Nations
The Development Agenda

John H. Barton

Oxford University Press

This chapter reviews the balance between patent law and antitrust law from the perspective of developing nations, looking in turn at those principles governing the exercise of monopoly power, those governing oligopolies, and those governing licensing and ownership relations between foreign and domestic firms. It recommends development of detailed specific patent-antitrust principles to be used in interpreting developing-nation antitrust law. It also recommends new international antitrust arrangements to deal with global oligopolies and mergers, and with the transnational enforcement of antitrust decrees that affect patent rights. Such arrangements would be in the interest of the entire world, not just of developing nations.

Keywords:   monopoly, tying, oligopoly, license, TRIPS, bilateral investment treaty, OECD Competition Committee, WTO Working Group on Trade and Competition Policy, cartel

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