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Utility models and second-tier rights are only useful for developing countries

Suthersanan ‘18

(Dr. Uma Suthersanen, Chair in International Intellectual Property Law, Centre for Commercial Law Studies, Queen Mary, University of London, United Kingdom“Utility models: Do they really serve national innovation strategies?,” pg online @ https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3139963 //pa-ef)

Based on an analysis of various studies, it certainly is true that utility model protection may enhance or stimulate the behaviour of small and medium-seized enterprises. This may in turn encourage higher economic performance and develop the innovative capacity of certain economies at specific stages of their development. Indeed, minor innovations may be a stepping stone for developing more patentable inventions. Conversely, it is arguable that utility model protection may be the most appropriate mechanism to allow ‘developing economies to build up their indigenous innovative capacities’.65 However, once the innovative capacity of the country has been reached, and when the national economy and its industries reach higher levels of technological capacity, as in Japan and certainly Australia, it does appear that the disadvantages outweigh the perceived advantages.

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