The Transaction Cost Problem in International Intellectual Property Exchange and Innovation Markets

In recent years, there has been a dramatic surge in cross-border IP exchange transactions driven by globalization, open innovation, and the escalating strategic value of IP to competitive firms, the positive result of which are significantly developed global IP markets. While critical to these global IP markets, international IP exchange remains highly inefficient because parties face excessive transaction costs relative to transaction value, both in transaction design and negotiation and in transaction enforcement. These transaction costs arise from the territoriality of IP laws and low visibility into individual state IP law regimes that IP exchange transactions may implicate, thus imposing on parties the costs and risk of incomplete contracts and unpredictable legal rules that undermine transaction confidence and value. This Article explores the causes of the transaction cost problem in cross-border IP exchange and submits that a normative legal framework based on private rulemaking would mitigate transaction costs and increase transactional efficiency, and thereby enhance continued growth of global IP exchange markets

Emerging Conflicts over Intellectual Property in Recent GATT Negotiations

This thesis describes the intellectual property problem and how it came to be a focus of the General Agreement on Tariffs and Trade. It addresses the concerns of the developed and the developing world regarding a reform in their intellectual protection regimes. One of the results of this thesis is that reforms that do not stem from developing countries\u27 perceptions of their own interests and needs, and that are not articulated in keeping with broader economic and technological policies, are unlikely to result in stable and predictable rules or to be properly enforced

The Transaction Cost Problem in International Intellectual Property Exchange and Innovation Markets

In recent years, there has been a dramatic surge in cross-border IP exchange transactions driven by globalization, open innovation, and the escalating strategic value of IP to competitive firms, the positive result of which are significantly developed global IP markets. While critical to these global IP markets, international IP exchange remains highly inefficient because parties face excessive transaction costs relative to transaction value, both in transaction design and negotiation and in transaction enforcement. These transaction costs arise from the territoriality of IP laws and low visibility into individual state IP law regimes that IP exchange transactions may implicate, thus imposing on parties the costs and risk of incomplete contracts and unpredictable legal rules that undermine transaction confidence and value. This Article explores the causes of the transaction cost problem in cross-border IP exchange and submits that a normative legal framework based on private rulemaking would mitigate transaction costs and increase transactional efficiency, and thereby enhance continued growth of global IP exchange markets

Prospects and Limits of the Patent Provision in the TRIPS Agreement: The Case of India

This Article analyzes the impact of TRIPS on the pharmaceutical industry in India, an industry that has traditionally taken a free-ride on the technological developments of other nations. The authors discuss the patent system in India prior to TRIPS and India\u27s long-term refusal to join the Paris Convention regarding intellectual property. In the past, India had limited protection for technology. Some areas--food, pharmaceuticals, and products made by processes--received no patent protection at all. TRIPS changed this system and also changed the compulsory licensing and license of right provisions that limited patent protection in India. The authors argue that all people--scientists in India and abroad, as well as Indian consumers--will eventually benefit from the new system so long as India subsidizes drug costs for the very poorest consumers

The association of the Activities of Daily Living and the outcome of old intensive care patients suffering from COVID-19

Purpose: Critically ill old intensive care unit (ICU) patients suffering from Sars-CoV-2 disease (COVID-19) are at increased risk for adverse outcomes. This post hoc analysis investigates the association of the Activities of Daily Living (ADL) with the outcome in this vulnerable patient group. Methods: The COVIP study is a prospective international observational study that recruited ICU patients >= 70 years admitted with COVID-19 (NCT04321265). Several parameters including ADL (ADL; 0 = disability, 6 = no disability), Clinical Frailty Scale (CFS), SOFA score, intensive care treatment, ICU- and 3-month survival were recorded. A mixed-effects Weibull proportional hazard regression analyses for 3-month mortality adjusted for multiple confounders. Results: This pre-specified analysis included 2359 patients with a documented ADL and CFS. Most patients evidenced independence in their daily living before hospital admission (80% with ADL = 6). Patients with no frailty and no disability showed the lowest, patients with frailty (CFS >= 5) and disability (ADL < 6) the highest 3-month mortality (52 vs. 78%, p < 0.001). ADL was independently associated with 3-month mortality (ADL as a continuous variable: aHR 0.88 (95% CI 0.82-0.94, p < 0.001). Being "disable" resulted in a significant increased risk for 3-month mortality (aHR 1.53 (95% CI 1.19-1.97, p 0.001) even after adjustment for multiple confounders. Conclusion: Baseline Activities of Daily Living (ADL) on admission provides additional information for outcome prediction, although most critically ill old intensive care patients suffering from COVID-19 had no restriction in their ADL prior to ICU admission. Combining frailty and disability identifies a subgroup with particularly high mortality