Chart
Click here for a chart that shows how many years´ patent validity each country would have granted in a simulation with data from a decade ago.
- About the chart…
The idea behind the TRIPS PLUS ULTRA proposal is for each country to contribute to the global reward towards innovation, in accordance with its economic capacity. To do so, the validity of patents should vary from country to country. This is a chart that shows the results of a formula set out in a paper at JIPEL, described in detail at 125-130. It is just one of many formulas or mechanisms that could yield a similar result. Different formulas or comments on this one are welcome.
How many years´ patent validity should each country grant to reward innovation? How much is too much? TRIPS PLUS ULTRA does not seek to answer that question (there is no academic agreement on it! For our take on it, click here). The ultimate aim of the TRIPS PLUS ULTRA proposal: Whatever the burden, the countries that form part of the system should share it in accordance with their wealth. The current status quo is 20 years´ validity for each country. That is where the analysis starts. This might change!
To have a starting point for discussion we put forward this chart, based on the formula described at this paper at JIPEL (pp 125-130). If a perfect mechanism of compensation could be designed, the TRIPS PLUS ULTRA proposal would be neutral regarding the current reward, since theoretically at least, the reward lost in developing countries (that would shorten their patent validity) would be compensated by longer patent validity in the developed world. It is a novel proposal, and so much more work needs to be done. This chart is a reference as to how TRIPS PLUS ULTRA´s implementation could look. It is by no means a finished work.
Let´s not forget that by keeping patents at 20 years globally since 1994, the reward has grown as the markets have grown. Aligning the length of validity in a way that those with more pay more could allow for those who don´t pay at all (due to poor enforcement) to pay at least their fair share, while supporting innovation in accordance with their wealth.