Monopoly Privileges Research Articles

Protection of Patent Right in India

Abstract: Intellect is the name for brain – created things. These inventions are referred to as property since they have a high commercial value. Patent can be used to protect inventions as intellectual property if they are new, non-obvious, practical, and enable. In general, the patent holder has thesole authority to forbid or stop others from making use of the protected innovation for commercial purposes. In other words, patent protection prevents anyone from using, distributionimporting, or selling the innovation for profit without the patent owner’s permission. Use Indian’s intellectual property protection rules if you generate any type of intellectual property. This is to prevent theft or unauthorized usage of your property. Is your intellectual property product of an invention or innovation? It’s important to comprehend all of India’s patent protection regulations. An agreement between the inventor and the government is what is referred to as a patent. Excluding others from producing, selling, offering to sell, licensing, and improperly exploiting any of the rights granted to the patent owner is a monopoly privilege. A products or a procedureis given patent protection. Patent are territorial in nature since they are protected by a national government. Only in the nation in which the patent is protected are patent rights enforceable. There is no such things as a “global patent” that is valid everywhere. The length of a patent’s protection varies depending on the nation, although it typically lasts 20 years from the date of filing. Patents are not awarded so that an inventor or applicant can gain from monopoly rights, but rather so that the innovation can benefit the public and advance the field of research and development

The morality of illicit markets: “Greasing the wheels” or “greasing the palm”?

When and why are illicit markets regarded as morally legitimate? We address this question in the context of Soviet and post-Soviet Russia, where the moral legitimacy of commerce has waned since the collapse of the Soviet Union. We do so by analyzing the continued resiliency and robustness of illicit markets and their moral perception in Soviet and post-Soviet Russia, where de facto private property rights have remained insecure in spite of de jure political and economic reform. Given the continuity of illicit markets across both periods, we argue twofold. First, what has remained constant in the moral nature of illicit markets across both periods has been the entrepreneurial drive to realize gains from trade by circumventing and evading a predatory state. Secondly, given this constancy in the form of illicit market exchange, we contend that changing moral attitudes toward commerce have resulted from the changing manifestation of illicit market exchange, in response to the predatory nature of the state. In both the Soviet and post-Soviet period, the state has remained a means to create monopoly privileges. However, whereas in the Soviet period, illicit markets served as a means to “grease the wheels” of commerce, economic transition in post-Soviet Russia corrupted the moral legitimacy of a market economy by transforming illicit markets into a means to “grease the palms” of government officials in the name of “privatization.”

An Ecological Impact Fund

The Ecological Impact Fund (EIF) is a proposed new international financing facility that would enable originators of innovative green technologies to exchange some of their monopoly privileges in return for impact rewards. The invited exchange would apply only in the lower-income countries: originators choosing to forgo their monopoly markups in this EIF Zone would receive annual premiums based on the emission reductions achieved with deployments of their “greenovation” in that EIF Zone. The EIF’s main purpose is greatly to improve the diffusion of impactful green technologies in the Global South. It would do so first by inducing participating originators to waive licensing fees and monopoly markups, and second by giving these originators a financial interest in the wide and effective use of their participating innovations. In addition, the EIF would stimulate development of additional greenovations that – tailored to prevailing needs, cultures, circumstances, and preferences in the EIF Zone – would be especially impactful there. These two effects would produce a third: the EIF would help build capacities to develop, manufacture, distribute, install, operate, and maintain greenovations in the EIF Zone.

Trust and Distrust: Corruption in Office in Britain and its Empire, 1600‐1850. By MarkKnights. Oxford: Oxford University Press. 2021. 512 pp. £35. ISBN: 978‐0‐19879‐624‐4.

Trust and Distrust: Corruption in Office in Britain and its Empire, 1600‐1850. By MarkKnights. Oxford: Oxford University Press. 2021. 512 pp. £35. ISBN: 978‐0‐19879‐624‐4.

FREEDOM, POVERTY, AND IMPACT REWARDS

AbstractA free world is one in which human beings can live free, self-directed lives. A great obstacle to such a world is severe poverty, still blighting the lives of half of humankind. We have the resources, technologies, and administrative capacities to eradicate severe poverty, but doing so requires some restructuring of existing social arrangements. We might begin with the current regime governing innovation, which has monopoly markups as its key funding source. Such monopoly rents encourage the quest for innovations, but also greatly impede their diffusion. This headwind harms the poor, who cannot afford monopoly prices and whose specific needs innovators thus tend to ignore. It also works against potential innovations whose benefits would mostly go to third parties whom buyers care little about. Both problems can be much alleviated through a supplementary alternative reward mechanism that would enable innovators to exchange their monopoly privileges on any patentable technology for impact rewards based on the social benefits achieved with it. By promoting innovations and their diffusion together, international impact funds would bring substantial gains in justice and cost-effectiveness, especially in the pharmaceutical and green-technology sectors.

Just Rules for Innovative Pharmaceuticals

Globalized in 1995 through the TRIPs Agreement, humanity’s dominant mechanism for encouraging innovations involves 20-year product patents, whose monopoly features enable innovators to reap large markups or licensing fees from early users. Exclusive reliance on this reward mechanism in the pharmaceutical sector is morally problematic for two main reasons. First, it imposes a great burden on poor people who cannot afford to buy patented treatments at monopoly prices and whose specific health problems are therefore neglected by pharmacological research. Second, it discourages pharmaceutical firms from fighting diseases at the population level with the aim of slashing their incidence. These problems can be alleviated by establishing a supplementary alternative reward mechanism that would enable pharmaceutical innovators to exchange their monopoly privileges on a patented product for impact rewards based on the actual health gains achieved with this product. As such, an international Health Impact Fund (HIF) would create powerful new incentives to rapidly develop remedies against diseases concentrated among the poor, provide such remedies with ample care at very low prices, and deploy them strategically to contain, suppress, and ideally eradicate the target disease. By promoting innovations and their diffusion together, the HIF would greatly enlarge the benefits, and thereby also the cost-effectiveness, of the pharmaceutical sector, especially in favor of the world’s poor.

The Pewterer and the Chymist: Major Erasmus Purling and his Refined Tin

This article examines the career of Erasmus Purling, an English engineer who wrote a short alchemical treatise in 1657. After serving the Royalist cause in the late 1640s, he joined the Commonwealth forces in the early 1650s. He then attempted to manufacture and market a tin alloy supposedly resembling silver, first in England, where he was opposed by the London pewterers and imprisoned. In 1657, he was granted a monopoly privilege from the French Crown for his invention, which he promoted in his alchemical pamphlet. This publication, as well the other works he used to promote his discoveries, attracted the hostility of Parisian pewterers. They attempted to bring his enterprise, and transmutational alchemy in general, into disrepute. Despite this, Purling's pewter sold well, attracted influential investors, and was even protected by a second privilege obtained in 1659. At the Restoration, Purling returned to England, where he tried to implement similar projects, probably without success. Nevertheless, his troubled and little-known career illustrates several facets of alchemical entrepreneurship in the seventeenth century, including conflicting relationships within the world of crafts and trades and ambiguous relationships with state administrations on the eve of the reign of Louis XIV.

Adam Smith’s Defence of Empire: A Note

Recent historiography has alleged inconsistencies in Adam Smith’s views on the British Empire. First, Smith opposes the British Empire because it was established for rent-seeking merchants eager to monopolize the colonial trade; second, Smith supported the Empire because it underwrote a global free trade regime that expanded the market for British goods and services, increasing trade, specialization, and the international division of labour; third, the British Empire served a valuable military purpose in the expansion and security of worldwide British interests. This note argues that Smith’s views on the British Empire can be reconciled by focusing on the beginnings of Britain’s imperial project in Asia. In North America, the British Empire expanded under the colonial system, while in India the system of exclusive companies was the driving force. Smith recommended the abolition of the East Indies monopoly. However, the East India Company was unlikely to survive without its monopoly privileges. Therefore, Smith proposed an alternative solution for the Company’s governance of the Indian territories. The Company would retain its joint-stock status while discharging the three duties of the sovereign as a representative of the British state, a proposal which is consistent with the system of natural liberty and justice Smith avowed.

The interest group origins of the Bank of France

This paper contrasts different interpretations of the creation of the Bank of France. I argue that the Bank of France was the product of rent-seeking behavior rather than the pursuit of public interest, as is commonly supposed. I explain how the changing institutional constraints faced by both politicians and bankers can account for changes in France’s monetary constitution. The creation of the Bank in 1800 followed the fall of the Directory and the establishment of Napoleon’s autocratic regime. I argue that as parliamentarism and the separation of powers were weakened by Napoleon, the cost of establishing and maintaining a monopoly privilege in banking evaporated and the creation of the Bank of France became more likely.

Ownership Unbundling and Monopoly Privileges in Electricity Transmission

ABSTRACTThis paper discusses how mandatory ownership unbundling and government-granted monopoly privileges in electricity transmission affect electricity prices. Aprioristic mathematical modeling taking into account potential competition is used. The models considered show that consumers can benefit from the regulation of the transmission monopoly only if the monopoly is subsidized or its costs are much lower than the maximum possible revenue. It is shown that potential competition and the absence of monopoly privileges in electricity transmission can decrease prices even when entry barriers are high. It is shown that mandatory ownership unbundling can nearly eliminate the effect of potential competition in transmission.

The Origins and Development of the Bank of France

This paper contrasts different interpretations of the creation of the Bank of France. I argue that the Bank of France was the product of rent-seeking behavior rather than the pursuit of public interest, as is commonly supposed. I explain how the changing institutional constraints faced by both politicians and bankers can account for changes in France’s monetary constitution. The creation of the Bank in 1800 followed the fall of the Directory and the establishment of Napoleon’s autocratic regime. I argue that as parliamentarism and the separation of powers were weakened by Napoleon, the cost of establishing and maintaining a monopoly privilege in banking evaporated and the creation of the Bank of France became more likely.

AN ANATOMY OF CORRUPTION

Which social arrangements have a history of fostering progress and prosperity? One quick answer, falsely attributed to Adam Smith, holds that we are guided as if by an invisible hand to do what builds the wealth of nations. A more sober answer, closer to what Smith said and believed, is thatifthe right framework of rules—plus decent officiating—steers us away from buying and selling monopoly privilege and steers us toward being valuable to the people around us, we indeed will be part of the engine that drives human progress and the wealth of nations.

Economic policy of a free society

Liberalism correctly understood is little more than the persistent and consistent applications of the principles of economics of the affairs of men be they domestic or international. These include mutually beneficial exchange, the absence of political privilege, and toleration. The institutional precondition of these principles is the rule of law, private property, and freedom of contract. Since the collapse of communism, however, the gains in human progress that have followed from economic and political liberalization are being increasingly questioned and critiqued. To counter these criticisms of liberalism, I contend, requires tireless and varied iterations of the basic principles. In order to prevent the invisible hand of the market process from being captured by the visible hand of political privilege, political economists must stress how the creative powers of a free civilization erode poverty, inequality, and monopoly privilege through the spontaneous order of market process.

Economic Policy of a Free Society

Liberalism correctly understood is little more than the persistent and consistent applications of the principles of economics of the affairs of men be they domestic or international. These include mutually beneficial exchange, the absence of political privilege, and toleration. The institutional precondition of these principles is the rule of law, private property, and freedom of contract. Since the collapse of communism, however, the gains in human progress that have followed from economic and political liberalization are being increasingly questioned and critiqued. To counter these criticisms of liberalism, I contend, requires tireless and varied iterations of the basic principles. In order to prevent the invisible hand of the market process from being captured by the visible hand of political privilege, political economists must stress how the creative powers of a free civilization erode poverty, inequality, and monopoly privilege through the spontaneous order of market process.

Testing Drugs and Attesting Cures: Pharmaceutical Monopolies and Military Contracts in Eighteenth-Century France.

This article explores the role of testing in the allocation of royal monopoly privileges for drugs in eighteenth-century France by following the multi-generational fortunes of a single "secret remedy" from 1713 to 1776: the poudre fébrifuge of the Chevalier de Guiller. On at least five occasions, this drug was tested on patients in order to decide whether it should be protected by a privilege and whether or not its vendors should be awarded lucrative contracts to supply it in bulk to the French military. Although efforts were made early in the century to test the drug through large-scale hospital trials and to relegate privilege granting to a bureaucratic commission, the case of the poudre fébrifuge instead suggests that military expediency and relatively small-scale trials administered personally by royal practitioners remained decisive in determining whether or not a drug received a monopoly privilege or a military contract.

Conceptual substantiation of the place and the role of a new research and practical area of rehabilitative medicine in the systemic organizational structure of the health care service in the Russian Federation

One of todays' priority mainstreams in state politics and public activities is the protection of life and health of the people and the increase of life expectancy based on the system ensuring the availability of relevant health improving and social measures. Health should be considered as a measure of somatic, mental, physical, and social well-being, as an indicator of the quality of life, and first and foremost as a result of robust social policy of the state, regulatory and legal support of the population and its right to the decent life. This line of reasoning suggests the importance of the development of a new human health paradigm. These considerations provide a basis for the elaboration of the concept of rehabilitative medicine with the healthy rather than sick man as its subject. It means that the former activities of prophylactic facilities oriented towards diagnostics of transition from health to pathology must be modified to have the control over psychophysiological reserves, occupational safety and health as the primary goal. The formula of discipline of "rehabilitative medicine, sports medicine, therapeutic physical training, balneotherapeutics, and physiotherapy" is based on this concept. In order to achieve said goal, the monopoly privilege of the Ministry of Health in the field of health preservation must be substituted by the integrated activities of all state power organs, educational institutions, parliamentary health committees, governmental financial and economic departments, all propaganda assets and information media in the field of public health care. Such an approach would allow to consolidate measures for the protection of the nation's health as the most important goal currently facing the state and society.

Impact of evergreening on patients and health insurance: a meta analysis and reimbursement cost analysis of citalopram/escitalopram antidepressants

Background"Evergreening" refers to the numerous strategies whereby owners of pharmaceutical products use patent laws and minor drug modifications to extend their monopoly privileges on the drug. We aimed to evaluate the impact of evergreening through the case study of the antidepressant citalopram and its chiral switch form escitalopram by evaluating treatment efficacy and acceptability for patients, as well as health insurance costs for society.MethodsTo assess efficacy and acceptability, we performed meta-analyses for efficacy and acceptability. We compared direct evidence (meta-analysis of results of head-to-head trials) and indirect evidence (adjusted indirect comparison of results of placebo-controlled trials). To assess health insurance costs, we analyzed individual reimbursement data from a representative sample of the French National Health Insurance Inter-regime Information System (SNIIR-AM) from 2003 to 2010, which allowed for projecting these results to the whole SNIIR-AM population (53 million people).ResultsIn the meta-analysis of seven head-to-head trials (2,174 patients), efficacy was significantly better for escitalopram than citalopram (combined odds ratio (OR) 1.60 (95% confidence interval 1.05 to 2.46)). However, for the adjusted indirect comparison of 10 citalopram and 12 escitalopram placebo-controlled trials, 2,984 and 3,777 patients respectively, efficacy was similar for the two drug forms (combined indirect OR 1.03 (0.82 to 1.30)). Because of the discrepancy, we could not combine direct and indirect data (test of inconsistency, P = 0.07). A similar discrepancy was found for treatment acceptability. The overall reimbursement cost burden for the citalopram, escitalopram and its generic forms was 120.6 million Euros in 2010, with 96.8 million Euros for escitalopram.ConclusionsThe clinical benefit of escitalopram versus citalopram remains uncertain. In our case of evergreening, escitalopram represented a substantially high proportion of the overall reimbursement cost burden as compared with citalopram and the generic forms.

Exploring International Legal Governance of Global Solar Fuels

This paper critically examines the role of international law in establishing the appropriate governance framework for enhanced global collaboration on solar fuels. It will particularly evaluate the right to enjoy the benefit of scientific progress and its applications (REBSPA) in article 15 of the United Nations International Covenant on Civil and Political Rights. Consideration will also be given to the role of declaring natural and artificial photosynthesis 'common heritage of mankind' under a UNESCO Declaration and ultimately a United Nations Convention and the impact this might have in relation to intellectual monopoly privileges (IMPs) such as patents and their capacity to advance or hinder progress in the field. It also briefly considers the role that trade and investment law and the possibility of a global carbon price may have in shaping the solar fuels field.

The Trans‐Pacific Partnership Agreement: challenges for Australian health and medicine policies

Four formal rounds of Trans-Pacific Partnership Agreement (TPPA) negotiations took place in 2010. They involved over 200 officials from Australia, the United States, New Zealand, Chile, Singapore, Brunei, Peru, Vietnam and Malaysia. Future negotiations officially are set to include three issues with public health and medicines policy implications for Australia and our region: ways to approach regulatory coherence and transparency; how to benefit multinational and small-medium enterprises; and multilateral investor-state dispute settlement. US-based multinational pharmaceutical companies are lobbying for TPPA provisions like those in the Australia-US Free Trade Agreement, which reduce government cost-effectiveness regulatory control of pharmaceuticals, threatening equitable access to medicines. They also advocate increased TPPA intellectual monopoly privilege protection, which will further limit the development of Australian generic medicine enterprises and restrict patient access to cheap, bioequivalent prescription drugs. Of particular concern is that proposed TPPA multilateral investor-state dispute settlement procedures would allow US corporations (as well as those of other TPPA nations) to obtain damages against Australian governments through international arbitral proceedings if their investments are impeded by Australian public health and environment protection legislation.

Efficient mercantilism? Revenue-maximizing monopoly policies as Ramsey taxation

The economics literature on mercantilism tends to emphasize gold hoarding and external barriers to trade as defining characteristics. Medieval institutions, however, included a host of internal barriers to trade as well as external ones, and monopoly privileges and high offices were often for sale. In this paper, we analyze how a stable unitary government's regulatory policies may be affected by revenues and other services generated by the efforts of rent seekers. Competition for monopoly privilege can be a significant source of government revenue that augments tax revenues, especially in settings in which collecting ordinary tax revenues is problematic. A revenue-maximizing government encourages greater monopolization than is compatible with economic efficiency, but sells monopoly privileges in a manner that promotes innovation and partially accounts for the deadweight losses associated with monopolized markets. Our analysis provides a possible public finance explanation for relatively successful authoritarian states that have relatively little corruption, but many internal and external barriers to trade.