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International Trade Law Commons

Open Access. Powered by Scholars. Published by Universities.®

2016

Intellectual Property Law

Robin C Feldman

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Full-Text Articles in International Trade Law

Learning From Past Mistakes — The Us Patent System And International Trade Agreements, Robin C. Feldman Feb 2016

Learning From Past Mistakes — The Us Patent System And International Trade Agreements, Robin C. Feldman

Robin C Feldman

To ensure that the TPP agreement works properly in practice with regard to patents and the governance of pharmaceuticals and semiconductors, strong mechanisms for enforcement and for rooting out system abuse are needed. To make this happen, regulators should learn from past mistakes of the U.S. patent system: the proliferation of non-practicing entities (NPEs), and strategic behavior that blocks or delays generic competition in the pharmaceutical industry. This Think Piece presents key findings of the author’s research on the complexity of the U.S. litigation and regulatory frameworks that have provided fertile ground for strategic behavior that can have negative effects …