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本文分析了在“医药分离”与“以药养医”两种医疗体制下,专利药企业和仿制药企业达成药品专利许可协议的条件,以及该许可对患者和医生的福利影响.研究发现:在特定条件下,与仿制药企业达成药品专利许可协议对专利药企业是有利的.在“医药分离”的体制下,该许可会改善患者的福利水平;在“以药养医”的体制下,该许可会改善医生的福利水平,但是如果专利药与仿制药的医疗保险报销百分比差距较大,并且两种药品的差异化程度较高,该许可会降低患者的福利水平.因此,监管部门应该仔细评估药品专利许可的福利影响,对某些会损害患者福利的许可,应该采取措施加以限制. 相似文献
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随着全球经济一体化进程的发展,知识产权作为国际投资活动中的投资资本越来越多的应用与国际直接投资中,而东道国政府对外国投资者知识产权的强制许可制度,使得知识产权投资者的财产性权利利益受到损失,强制许可制度是东道国政府的一种国有化行为,产生了间接征收的效果。对于强制征收制度,东道国政府应该给予外国投资者一定的补偿。 相似文献
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TRIPS协议和我国专利强制许可制度的完善 总被引:1,自引:0,他引:1
我国《专利法》对专利强制许可制度做了进一步的完善,这与我们对TRIPS协议认识的深化有着直接的联系。恢复因专利权人不实施专利而颁发强制许可,增加因专利权人垄断行为而颁发强制许可,删除因专利权人拒绝许可专利而颁发强制许可,针对公共健康危机修改颁发强制许可的条件等,都体现了对TRIPS的遵守和尊重。 相似文献
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发展中国家由于受制于药品自主知识产权有限,当发生重大疫情或强传染性疾病时,一般采用两种应对方式,一为“强制许可”、一为“平行贸易”,由于知识产权药品的强制许可易于产生国际纠纷,因此本文针对我国一直实际存在的药品平行贸易问题的利益考量与立法选择予以一定探讨,并对我国目前与今后一段时间内关于药品平行进出口问题的立法选择提出粗浅的建议。 相似文献
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《现代营销(创富信息版)》2021,(1)
以药品制药业上市公司2010-2019年的面板数据为样本,运用多元线性回归模型实证分析股权结构、内部控制对制药企业社会责任的影响。研究表明:国有产权性质的药品制药企业倾向于积极履行社会责任;药品制药企业的两权分离度、股权集中度与企业社会责任履行正相关;药品制药企业的股权制衡度与企业社会责任负相关;制药企业的内部控制与企业社会责任正相关。 相似文献
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在分析归纳了制药企业营销渠道设计中的影响因素为药品的差异化因素和企业品牌因素的基础上,通过"药品差异化-制药企业品牌"矩阵模型,总结出我国制药企业营销渠道四种模式的设计方案。 相似文献
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Nikolaos Papageorgiadis Adam R. Cross Constantinos Alexiou 《International Business Review》2013,22(1):278-292
The Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement has engendered a harmonisation of patent laws across countries but the extent of enforcement of these laws continues to vary. This study investigates the degree to which de jure book law protection of patents and de facto enforcement of these laws influences the propensity of firms to exploit their patented technology in foreign markets with company-owned operations or unrelated concerns using licensing agreements. Analyzing data on royalty and fee receipts of U.S. parent companies from affiliates and non-affiliated parties abroad from 1998 to 2007, and using separate measures for de jure and de facto patent protection and enforcement, we find that strengthening de jure protection induces greater affiliate licensing while strengthening de facto enforcement induces non-affiliate licensing. We conclude by observing that greater account should be taken of de facto enforcement measures when investigating the role of institutions on the international activities of firms. 相似文献
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Kristie Briggs 《The journal of international trade & economic development》2013,22(8):1112-1144
Previous work has focused on how intellectual property rights affect inward technology transfer. This paper is among the first to study whether patent rights contribute to outward technology transfers. Patent protection can affect the ability of firms to be sources of technology through its effects on innovation and commercialization. Using micro data, this paper finds that patent rights and innovation are positively associated with the exporting and licensing of firms, controlling for other determinants of technological capacity, although the effect is not symmetric across firms in all countries. Patent rights have a strong impact on the export and licensing activities of firms in developed countries, and only on the licensing activities of firms in developing countries. Moreover, transfers of technology develop sequentially – namely, exporting before licensing – due to the differing sunk costs of each type of entry. The results have implications for how innovation policies and activities contribute to the outward orientation of firms. 相似文献
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John F. Pfaff 《Thunderbird国际商业评论》1992,34(5):415-439
The further integration of the European Community (EC) is intended to create one large, integrated market and a semistandardized business environment throughout the member countries. This study investigates the current status of the technology licensing environment in the EC and analyzes the returns that a licensor can achieve by locating a licensee in each of the EC countries. This analysis may be important to any firm which has chosen a licensing strategy as its approach to operating in the EC, because locational choice of licensee can affect a licensor's financial returns. 相似文献
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The tendency for countries to cheat on international environmental agreements has been well-documented. One reason is that less developed countries suffer technological disadvantages. While a number of authors have shown that technological transfers can solve the stability problem, real-world giveaways rarely occur. The purpose of this study is to investigate the conditions under which private licensing of pollution abatement technology, linked to cooperation on environmental policy, represents a feasible alternative. We find that, while a Pareto-improving solution exists, the licensing equilibrium is tenuous. Ironically, the more technologically advanced pollution abatement becomes, the less incentive there is for the recipient to cooperate. 相似文献
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《International Business Review》2000,9(5):613-624
We have compared the licensing agreements of Korean firms with Japanese, North American and European (British and Continental European) licensors. In view of contract length, Continental Europeans and North Americans show longer period than Japanese and British. Considering the brand accompanying the technology licensing, we can observe a difference between the Anglo-American countries and the others. The outcome corresponds with the existing literature that opportunism is greater in the Anglo-Saxon culture than elsewhere. 相似文献
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Dynamic analysis of innovation and international transfer of technology through licensing 总被引:1,自引:0,他引:1
This paper develops a quality-ladder type dynamic general equilibrium model with endogenous innovation and technology licensing as a major source of international technology transfer in developing countries. Examining the dynamic characteristics of the model fully, we explore the short- and long-run effects of both an improvement in the probability of reaching a licensing agreement with a given effort and an increase in the license fee rate. The model shows that the former promotes innovation and technology transfers in both the long and short run, while the latter discourages them. 相似文献
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Sharmila Vishwasrao 《International Trade Journal》2013,27(4):485-513
The incentives of Southern governments to protect intellectual property rights are examined when Northern innovating firms license technology to Southern firms in a game with asymmetric information. Southern firms may or may not be able to imitate after they license the technology, and Northern firms do not know whether the Southern firm can imitate. The form of the licensing contract and the distribution of the gains from licensing will affect the incentives of Southern countries to protect patents. Southern consumers gain from patent infringement but at the expense of Southern firms that cannot acquire licenses at the most favorable terms. 相似文献
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John F. Pfaff Juan Garcia Sordo Theodore Schwarz Salvador Trevino Cesar J. M. Sepulveda Carlos G. Villarreal Dominquez 《Thunderbird国际商业评论》1993,35(2):125-146
As the Mexican economy prepares to transition from a relatively closed and protected market to a regionally integrated free market which is part of the proposed North American Free Trade Agreement (NAFTA), a change in its technology licensing environment will be needed to enable Mexican companies to compete for technology with firms from the other member countries of the NAFTA. This study identifies the national sources which have provided Mexico with technology and the Mexican industrial sectors which have been able to attract this technology in the 1980s. It further evaluates the current licensing environments in Canada, Mexico, and the U.S.A. as well as in the Latin American Integration Association (LAIA). The study provides recommendations for changes to the Mexican licensing environment and proposes strategies for attracting technology to Mexican industry under the changed conditions which would be introduced by the NAFTA. © 1993 John Wiley & Sons, Inc. 相似文献
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Phillip McCalman 《Journal of International Economics》2004,62(1):107-123
Traditional thinking about intellectual property rights (IPR) suggests that as a country strengthens its IPR standards, firms will move their governance structures away from equity based institutions such as foreign direct investment (FDI) towards more market-based relations such as licensing agreements. This hypothesis is explored by examining the behavior of Hollywood studios in both the feature film and video markets in 40 foreign countries. The analysis reveals that the behavior of Hollywood studios is more complex than this: although moderate IPRs are associated with a high degree of licensing, both high and low standards of IPR encourage more integrated governance structures. 相似文献
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Productivity growth may be affected particularly for developing countries by international linkages or technology transfer. We evaluate relationships between productivity and FDI, exports, imports and licensing for Turkish manufacturing plants in the apparel, textiles, and motor vehicles industries. We assess performance premia associated with these international technology transfer channels that control for plant size and location. We then use a structural model to allow for plant-specific input composition and interactions, estimated alternatively by quantile regression and semi-parametric techniques to recognize plant heterogeneity and to accommodate simultaneity and selection issues. Overall, we find that productivity is most closely related to foreign ownership, especially for larger plants and in combination with other forms of technology transfer, followed by exporting and then licensing. 相似文献