1. Thomas K. Cheng University of Hong Kong
A Developmental Approach to the Patent-Antitrust Interface Plenary 1: Finding the Right Balance between IPR and Competition
Thomas K. Cheng
University of Hong Kong

2. Economic Growth vs. Development
Solow, Romer and other economists have identified productivity growth/improvement as the key to economic growth
Development:
More than just economic growth
Some concern for equitable distribution of income
Other developmental dimensions such as access to basic healthcare and education .

3. Innovation and Developing Countries
A theoretical analysis of the relationship between patent protection and incentive to innovate
Empirical studies
Taylor & Silberston (1973)
Mansfield (1986)
The Yale survey (1987)
Scherer & Weisburst (1995)

4. Innovation and Developing Countries
Innovation Incentive Externalities—A concern for developing countries?
Arguments in favor of a pro-consumer stance toward the patent-antitrust interface:
Excessive consumer welfare loss
Impaired access to basic necessities
Stifling of domestic imitation

5. Some General Principles
Scepticism about innovation incentive-based justifications
Industry-specific approach
Need to provide room for domestic innovation
Focus on protecting consumer welfare
Special regard to SMEs

6. Questions for consideration
How feasible is the more pro-consumer approach to the patent-antitrust interface outlined above?
Is an industry-specific approach too complicated for developing countries?
At what point does a developing country to acquire sufficient innovative capacity for the law to be more focused on innovation?