Tuesday, August 23, 2011
Posted by D. Daniel Sokol
Ashish Lall, National University Singapore and Daryl Lim, The John Marshall Law School have A Critical Assessment of the Legal and Economic Framework of IP-Competition Interface in Singapore.
ABSTRACT: This chapter argues that the key to navigating the Interface in Singapore includes understanding the nature of IP markets in Singapore and fostering synergies between the key institutions responsible for the IP and competition regimes. As Singapore adopts a regulatory self-assessment system, firms with substantial IPRs in Singapore need to fully understand the Interface to avoid what may be costly mistakes. The discussion of the economic framework first provides background on the economic structure of Singapore, illustrating the role of location and legacy in sectors that continue to be important today. The second part discusses Singapore’s innovation performance based on international innovation rankings, as well as on standard measures such as patents, R&D expenditures and personnel. It suggests that Singapore is not yet an innovation-based economy despite the recent increase in innovation inputs. The discussion of the legal framework first surveys IP issues arising from anti-competitive agreements, abuse of dominance, as well as mergers and acquisitions. The second part highlights the challenges and opportunities relevant to Singapore as a small open economy trying to move up the technology value chain and concludes by suggesting a number of ways Singapore can better navigate the Interface.