A Hybrid Legal and Economic Development Model that Balances Intellectual Property Protection and Economic Growth : A Case Study of India, Brazil, Indonesia, and Vietnam

This paper combines insights from law and economics to create a hybrid model that examines the U-shaped relationship between the strength of a country’s IPR protections and its level of economic development over time. This hybrid model is used to analyze whether implementing different levels of IPR protections at varying stages of economic development has the potential to enhance or stagnate economic growth in LDC and developing countries. The paper analyzes the pharmaceutical industries in India, Brazil, Indonesia, and Vietnam to show that implementing an improper level of IPR protections during certain phases of economic development can stagnate economic growth in LDC and developing countries. India successfully resisted decades of international pressure to implement a stronger IPR regime and emerged as a world-leading supplier of affordable generic drugs. Brazil and Indonesia bowed to international pressure to implement stronger IPR protections, and both countries continue to struggle to maintain once promising domestic pharmaceutical industries. Vietnam currently stands on the cusp of rapid economic transition. This paper provides recommendations for the creation of an IPR regime in Vietnam that will foster a nascent, domestic pharmaceutical industry