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Against the background of these challenges this report looks at what policies are in Australia's best interests, economically and socially, and examines key aspects of drug test oxycontin the pharmaceutical patent system to determine whether it is meeting its objectives. Background The same policy dilemmas posed by IP within national economies arise in a similar, though somewhat different, form between countries. Generally the task is not to prohibit free riding altogether; for once new knowledge is brought into existence it should be spread as widely as possible. Rather, it is to ensure that investors in R&D are able to capture sufficient returns from their investment to ensure that it continues to occur. While the logic of providing incentives to invest in R&D justifies robust IP protection, the logic of maximising its social value also requires that IP protection be limited, both in time and in scope.

A small country can have very little influence on the global economics of IP production by changing its own IP protection policies. Given that Australia contributes less than 2 per cent of the world economy, extensions of Australian IP rights on their own are unlikely to influence a global firm's decisions buy xanax online as to whether or not to invest in IP. However, if global IP protection is inadequate, all countries have an interest in together agreeing to each provide sufficient minimum incentives to encourage investment in the production of IP.

That is, although every country has an interest in free riding off others', each also has a collective interest in restricting their own free riding on others, if other countries do likewise in return.

If we consider some aspect of IP - the best example for our purposes is the length of patent terms - then no country 'internalises' all the benefits of longer patent terms, but large generic for xanax countries internalise them more. As a result their incentives when acting unilaterally are to have greater IP protection than small countries but still less than the global optimum. Figure 3.1: Unilateral IP Protection Global economic A Small Country Large Country Global Optimum Optimum Optimum Source: IC, 1996) Gruen, N., I.

Prior, (1996), Extending Patent Life: Is It in Australia's Economic Interests?, Canberra: Industry Commission, Industry Commission Staff Information Paper (June). Given this, the economics of IP protection for Australia differs depending on the perspective one takes.

Because Australia's share of the world market is small, when it is considering its interests unilaterally, and where it is considering incentives to generate IP 10mg10 ambien zolpidem of global significance, as it is for the pharmaceutical industry, it will generally be in its interests to have lower rather than higher IP protection. This does not exhaust its interests, however, because Australia also has an interest in a healthy global IP regime. In drug test oxycontin this inquiry, the Panel has taken as its framework Australia acting unilaterally within a multilateral system. That is, it has not recommended action which might be in the global interest if all countries took it, unless it is also in Australia's interests unilaterally. This does not exhaust the issue, however, for one of the Panel's concerns about the past conduct of IP policy in the international arena is that Australian has been too passive in articulating its broader interests, the job of which is to 'internalise' the global economic interest by seeking all country'drug test oxycontin s agreement to standards of IP. Australia is a signatory to a number of drug test oxycontin international agreements that have IP aspects to them. The TRIPS Agreement and the AUSFTA are the agreements of most relevance to this review.

AUSFTA is an example of what is known as a "TRIPS-Plus" agreement. That is, it sets minimum IP standards that are higher and more extensive than those in TRIPS. Australia has agreed drug test oxycontin that its patent system will be consistent with the terms of these agreements. Differences between international agreements and domestic law To comprehend our own and others' obligations under international agreements we must appreciate the differences between sovereign domestic law and international law without the presence of a sovereign.



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