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Australia has little long-term interest can hydrocodone decay your teeth in encouraging some global 'free-for-all' that would undermine the incentive to invest in new knowledge. Ideally, defending our interests as an IP importer, and joining and coordinating with other countries with similar interests to do likewise would help balance the interests of IP exporters and so move the global regime nearer to can hydrocodone decay your teeth the global optimum in IP standards. Figure 3.2: Multilateral IP protection Global IP Importer (User) Global IP Exporter (Producer) Optimum Optimum Optimum IP protection 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).. As a system stretching back many centuries, there are numerous aspects of IP regimes that remain poorly designed. Yet international IP agreements have tended to be made without regard to such matters. One consequence is that aspects of this poor design have been built into international agreements, for instance as presuppositions about order phentermine without prescription the definition of the patent right itself. As a result, intellectual agreements lock us into a number of inefficiencies which have clear costs to Australia and yet which confer benefits on other countries that are either small or negligible. The importance of can hydrocodone decay your teeth parsimony in defining property rights Other things being equal, the more precisely property rights are defined the better. Thus we go to great lengths to delineate the boundary between different suburban blocks in a city or farms in the country. But often there are a penumbra of rights existing around a particular property right. Traditionally in many legal systems, real property rights to the surface of land extended below that land and above it as denoted in the Latin maxim: Cuius est solum, eius est usque ad caelum et ad inferos ("For whomever owns the soil, it is theirs up to Heaven and down to Hell.") Over time, this penumbra of rights became progressively unworkable. Mining rights were better handled as independent rights interacting with surface rights - rather than entirely determined by them. Similarly, the rise of aviation made the earlier doctrine unworkable as a framework for managing airspace rights. Yet it often takes a long time before a problem is properly recognised, let alone solved. In the US the above principle of Roman law remained influential until 1942, decades after aviation was born. Something similar, though perhaps not as dramatic, is occurring in IP law. When patents were first codified in the Statute of Monopolies in English Law in 1624, the infrastructure of modern government was absent. In that world, the penumbra of rights around the monopoly of sale in a market assisted in enforcing that central right.

Just as property in land at that time carried with it exclusive rights "up to heaven and down to hell", so can hydrocodone decay your teeth a patent involved not just the right to sell a product into the can hydrocodone decay your teeth domestic market, but the right to 'work', 'make' and 'import' such goods. The rights to work, make and import may still be valuable in the context of certain patents, particularly those that protect processes. Today, however, unauthorised domestic sales of pharmaceuticals would be quickly detected and dealt with without the need to prohibit unauthorised manufacture and import of such goods. Further, if such prohibitions were still helpful in detecting breach or otherwise addressing public policy objectives, they could be provided with carve outs for MFE or for stockpiling in anticipation of patent expiry either domestically or offshore.59 Further, global trade is vastly more extensive and complex and thus the costs of too broad a specification of property rights are greatly increased over earlier, simpler times. In addition to the obvious inefficiencies of requiring cascades of permissions even where they are not necessary to enable policy to deliver an important economic right, over-specified or poorly specified rights can contribute to unnecessary 'border disputes' and to strategic behaviour around the boundary.



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