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Patent protection and technology tra...

Silverstein, David.

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Patent protection and technology transfer in less-developed countries: A reappraisal of the legal framework for producing and transmitting knowledge.

紀錄類型:	書目-電子資源 : Monograph/item
正題名/作者:	Patent protection and technology transfer in less-developed countries: A reappraisal of the legal framework for producing and transmitting knowledge./
作者:	Silverstein, David.
面頁冊數:	556 p.
附註:	Source: Dissertation Abstracts International, Volume: 49-01, Section: A, page: 0137.
Contained By:	Dissertation Abstracts International49-01A.
標題:	Law. -
電子資源:	http://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=8804259

Patent protection and technology transfer in less-developed countries: A reappraisal of the legal framework for producing and transmitting knowledge.
Silverstein, David.

Patent protection and technology transfer in less-developed countries: A reappraisal of the legal framework for producing and transmitting knowledge. - 556 p.

Source: Dissertation Abstracts International, Volume: 49-01, Section: A, page: 0137.

Thesis (Ph.D.)--Fletcher School of Law and Diplomacy (Tufts University), 1987.

In a 1969 Working Paper, Professor Robert B. Seidman, commenting on how the same laws can lead to different results in different social, political and economic settings observes: "For example, the criminal law of Africa is substantially the same as in England; its consequences are quite different. The patent law of Tanzania is copied from the English statute; again, its consequences are different." Not only the patent law of Tanzania but that of virtually every country in the world outside the communist sphere is modeled after the English law. There are, of course, numerous differences among the patent laws of these countries in specific terms, but there are few differences of substance.Subjects--Topical Terms:

600858
Law.

Patent protection and technology transfer in less-developed countries: A reappraisal of the legal framework for producing and transmitting knowledge.
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245 1 0 $a Patent protection and technology transfer in less-developed countries: A reappraisal of the legal framework for producing and transmitting knowledge.
300 $a 556 p.
500 $a Source: Dissertation Abstracts International, Volume: 49-01, Section: A, page: 0137.
502 $a Thesis (Ph.D.)--Fletcher School of Law and Diplomacy (Tufts University), 1987.
520 $a In a 1969 Working Paper, Professor Robert B. Seidman, commenting on how the same laws can lead to different results in different social, political and economic settings observes: "For example, the criminal law of Africa is substantially the same as in England; its consequences are quite different. The patent law of Tanzania is copied from the English statute; again, its consequences are different." Not only the patent law of Tanzania but that of virtually every country in the world outside the communist sphere is modeled after the English law. There are, of course, numerous differences among the patent laws of these countries in specific terms, but there are few differences of substance.
520 $a Although the less-developed countries (LDCs) are actively engaged in reforming their domestic patent laws and are vigorously pressing for important changes in the international patent regime, it is noteworthy that none has either abandoned its patent laws or withdrawn from the Paris Convention. This fact suggests that these countries believe there is some merit in maintaining a domestic patent system and in continuing participation in an international patent order. But, is this assumption justified?
520 $a In general, the theme of this Doctoral Dissertation is that the success of the Western patent system as a stimulus to technological innovation and industrialization can be attributed, at least in part, to a special combination of social, political and economic circumstances. This theme is an elaboration and a specialized application of the theories of Max Weber and R. H. Tawney concerning the relationship between the rise of capitalism and the Protestant ethic.
520 $a Because this combination of social, political and economic conditions may not exist in contemporary LDCs, or even in modern Western societies, there is no basis for the generally held expectation that the Western intellectual property system will provide the proper stimulus to scientific, technological, and commercial activity. Employing my own model of international technology transfer, I demonstrate that the Western intellectual property system may operate to the disproportionate advantage of those countries which best embody the cultural prerequisites on which the system is premised and, correspondingly, to the relative disadvantage of those countries which do not embody such a culture. Based upon this analysis, I propose modifications in the domestic and the international dimensions of the intellectual property system to better accommodate the needs of both the developed and the less-developed countries.
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