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Global Dimensions of Intellectual Property Rights in Science and Technology (1993)
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. "Discussion." Global Dimensions of Intellectual Property Rights in Science and Technology. Washington, DC: The National Academies Press, 1993.

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Global Dimensions of Intellectual Property Rights in Science and Technology

of retaliatory U.S. trade action in response to alleged infringement of protection for pharmaceutical products.

During the conference discussion, Deepak Nayyar suggested that transnational corporations (TNCs) operating in developing countries are also using their influence to encourage stronger IPR laws. The incentive for stronger laws may be attributed to technological progress in telecommunications and computers that have allowed TNCs greater flexibility in the international marketplace. The ability to easily transfer and access the data of subsidiaries around the globe gives a parent company the power of centralization. The more consistent IPR regimes worldwide, the easier it becomes to treat the products of subsidiaries as if they were all in one place. The global dispersion of production, distribution, and marketing has given transnational companies an opportunity to take advantage of the world economy and its resources. Standardization of IPR laws is a further step toward the ''globalization" of markets, the removal of uncertainty in transactions, and the elimination of requirements for special strategies for each country or market.

One discussant at the conference wondered if yesterday's NIEs are today's industrialized countries because they had a lax IPR regime in the past. In an environment in which IPR protection is weak, a nation could theoretically move along the technology learning curve without paying for foreign technology, while attracting capital investment in less costly reproduction capabilities (because of the absence of R&D costs). The accumulation of capital and expertise can push a country into the next stage of industrialization. It has also been noted that the NIEs have instituted stronger levels of protection only since their level of industrial development has risen, a fact that supports the argument that, until there is innovation and development, there is no need for IPR protection. Carlos Primo Braga responded that despite the appearance, there is no evidence that the absence of strong IPRs has somehow contributed to or propelled economic growth and development. Bryan Harris added that conclusions about the effects of IPR laws are difficult to draw because some countries do not have intellectual property laws, but others have laws yet do not enforce them. It is not clear whether this difference has any differential effect on a nation's growth.

James Armstrong was asked at the conference if there was a similarity between Paul David's thesis that national IPR regimes have developed in response to the particular development of industries and the recent reciprocal criticisms of the United States and Japan, each of which has claimed that the patent system of the other is geared to protecting and promoting local technology over foreign technology. Mr. Armstrong argued against this notion, saying that he could see no basic differences between the standards of patentability in the two countries. He acknowledged, however, that the two nations approach IPR legal issues differently, a by-product of

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Front Matter (R1-R12)
I Introduction (1-2)
1 The Global Dimensions of Intellectual Property Rights in Science and Technology (3-18)
2 Intellectual Property Institutions and the Panda's Thumb: Patents, Copyrights, and Trade Secrets in Economic Theory and History (19-62)
II The Case For and Against a Uniform Worldwide Intellectual Property Rights System (63-64)
Introduction (65-67)
3 Why a Uniform Intellectual Property System Makes Sense or the World (68-88)
4 Harmonization Versus Differentiation in Intellectual Property Right Regimes (89-106)
5 Unauthorized Use of Intellectual Property: Effects on Investment, Technology Transfer, and Innovation (107-145)
Discussion (146-148)
III National and International Approaches to Intellectual Property Rights (149-150)
Introduction (151-154)
6 Comparative National Approaches to Intellectual Property Rights (155-174)
7 Update on international Negotiations on Intellectual Property Rights (175-182)
Discussion (183-186)
IV Scientific and Technological Advance and Its Impact on the Role of Intellectual Property Rights (187-188)
Introduction (189-191)
8 Trends in Global Science and Technology and What They Mean for Intellectual Property Systems (192-207)
9 Sectoral Views (208-220)
10 Intellectual Property Rights and Competitive Strategy (221-240)
Discussion (241-246)
V Adapting Intellectual Property Rights to New Technologies (247-248)
Introduction (249-255)
11 Adapting the Intellectual Property System to New Technologies (256-283)
12 A Case Study on Computer Programs (284-318)
13 Biotechnology Case Study (319-328)
14 Semiconductor Chip Protection as a Case Study (329-338)
15 Optoelectronics (339-350)
Discussion (351-354)
VI Global Intellectual Property Rights Issues in Perspective (355-356)
Introduction (357-359)
16 Global Intellectual Property Rights Issues in Perspective: A Concluding Panel Discussion (360-383)
Disccusion (384-390)
Coda: Issues for Future Research (391-394)
VII Appendix (395-396)
A: Conference Agenda (397-400)
B: Biographies of Contributors (401-418)
Index (419-442)