The patents office, the Mexican Institute
of Industrial Property, could have a decisive role in this, if it demands that
inventors comply with the requirement of industrial application for the objects
they are claiming.
Furthermore, the concept of utility handled
by the patent office of the United
States must not be accepted, since, for the
effects of filing patents, it is only necessary to show that the invention is
useful, not that it may have an industrial application. Another fundamental
aspect to be considered if the intellectual property system is to contribute to
innovation without necessarily being an entry barrier, is that clear limits
must be placed on the temporary monopoly conferred by the different titles,
thus creating a counterpart of the anti-monopoly law. This aspect should be
reviewed in Mexican legislation since the Law on Economic Competition justly
establishes the cases in which intellectual property protection exists as an
exception to its actions against monopolistic practices. A further element to
avoid anticompetitive practices and, eventually, practices that do not satisfy
the needs of the market at reasonable prices, is to use clear criteria and to work
on the introduction of a compulsory licensing regime in accordance with
international commitments, and the introduction of effective price control
mechanisms.
Finally, the use of patent systems to
introduce a model that benefits the distribution of knowledge above the
traditional philosophy of protecting and excluding third parties, means that
more public and private institutions should become involved in the tasks of
retrieving, analysing and using patent information. It is not enough to have
information banks; networks must be built up to diffuse competitive
intelligence based on information, the technologies necessary to process it and
a portfolio of attractive services. Figure 2 shows a stimulating model for the
development of information services proposed by Lozano and Vald~s (1995). If it
proves possible to build networks in which many institutions participate following
the lines of this model, an important step will have been taken to demolish
entry barriers and use intellectual property as a vehicle for innovation. 问题补充:在线等,翻完+50,前提你得让我看懂= =
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