In their recent article Reto M. Hilty and Pedro Henrique D. Batista raise the question which role patent law plays in correcting the different types of market failure. Specifically, the authors examine the extent to which adjustments to patent law are possible and appropriate, but also show when patent law fails to achieve its effects. In addition, they analyze possible effects of other regulatory interventions, in particular whether technological specifications counteract possible market failure or whether they entail the risk of state failure.
Reto M. Hilty, Pedro Henrique D. Batista
Potential and Limits of Patent Law to Address Climate Change
Max Planck Institute for Innovation & Competition Research Paper No. 23-10