Marketa Trimble
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199840687
- eISBN:
- 9780199933013
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199840687.001.0001
- Subject:
- Law, Intellectual Property, IT, and Media Law
In today's globalized economy, many inventors, investors, and businesses want their inventions to be protected in many, if not most, countries. However, there currently exists no single patent that ...
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In today's globalized economy, many inventors, investors, and businesses want their inventions to be protected in many, if not most, countries. However, there currently exists no single patent that will protect an invention globally, and despite the attempts in international treaties to simplify patenting, the process remains complicated, lengthy, and expensive. Furthermore, the necessity of enforcing patents in multiple countries exists without any possibility of concentrating in one location any parallel proceedings that concern the same invention and the same parties, thus making the maintenance of parallel patents infeasible. This book explains why the absence of a “global patent” persists and discusses the events in the 140-year history of patent law internationalization that have shaped the solutions. The book analyzes the ways in which patent holders attempt to mitigate the problems that arise from the lack of global patent protection. One way is to concentrate enforcement in one court of patents granted in multiple countries, which makes the enforcement of the patents less costly and more consistent. Another way is to attempt to use the litigation of a single country patent to reach acts that occur outside the country, which can mitigate the lack of patent protection outside the country. However, both the concentration of proceedings and extraterritorial enforcement suffer from significant limitations. This book explains these limitations and presents the solutions that have been proposed to address them. It includes a thorough comparative analysis of the extraterritorial features of U.S. and German patent laws, and original statistics on U.S. patent litigation. Based on a comprehensive treatment of the various facets of transnational enforcement challenges, the book proposes the next stage of patent law internationalization.Less
In today's globalized economy, many inventors, investors, and businesses want their inventions to be protected in many, if not most, countries. However, there currently exists no single patent that will protect an invention globally, and despite the attempts in international treaties to simplify patenting, the process remains complicated, lengthy, and expensive. Furthermore, the necessity of enforcing patents in multiple countries exists without any possibility of concentrating in one location any parallel proceedings that concern the same invention and the same parties, thus making the maintenance of parallel patents infeasible. This book explains why the absence of a “global patent” persists and discusses the events in the 140-year history of patent law internationalization that have shaped the solutions. The book analyzes the ways in which patent holders attempt to mitigate the problems that arise from the lack of global patent protection. One way is to concentrate enforcement in one court of patents granted in multiple countries, which makes the enforcement of the patents less costly and more consistent. Another way is to attempt to use the litigation of a single country patent to reach acts that occur outside the country, which can mitigate the lack of patent protection outside the country. However, both the concentration of proceedings and extraterritorial enforcement suffer from significant limitations. This book explains these limitations and presents the solutions that have been proposed to address them. It includes a thorough comparative analysis of the extraterritorial features of U.S. and German patent laws, and original statistics on U.S. patent litigation. Based on a comprehensive treatment of the various facets of transnational enforcement challenges, the book proposes the next stage of patent law internationalization.
William Cornish
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199239757
- eISBN:
- 9780191705151
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199239757.003.0032
- Subject:
- Law, Legal History
This chapter discusses the development of the British patent system. Topics covered include the origin and essence of a patent system, terms of the royal grant, justifying the patent system, the long ...
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This chapter discusses the development of the British patent system. Topics covered include the origin and essence of a patent system, terms of the royal grant, justifying the patent system, the long course to a patent grant, the Paris Industrial Property Convention of 1883, patentee and competitors, and exploitations of patented technology.Less
This chapter discusses the development of the British patent system. Topics covered include the origin and essence of a patent system, terms of the royal grant, justifying the patent system, the long course to a patent grant, the Paris Industrial Property Convention of 1883, patentee and competitors, and exploitations of patented technology.
Holger Hestermeyer
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199552177
- eISBN:
- 9780191706936
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199552177.003.0002
- Subject:
- Law, Human Rights and Immigration, Public International Law
This chapter describes the patent component of the conflict between the TRIPS Agreement and access to medicine. It provides the necessary background in patent law, its history, and rationales and ...
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This chapter describes the patent component of the conflict between the TRIPS Agreement and access to medicine. It provides the necessary background in patent law, its history, and rationales and then describes the obligations the TRIPS Agreement imposes on WTO Members. It shows that the lack of jurisprudence leaves many of the details of the obligations imprecise. However, Members clearly have to provide for 20-year product patents in the pharmaceutical area.Less
This chapter describes the patent component of the conflict between the TRIPS Agreement and access to medicine. It provides the necessary background in patent law, its history, and rationales and then describes the obligations the TRIPS Agreement imposes on WTO Members. It shows that the lack of jurisprudence leaves many of the details of the obligations imprecise. However, Members clearly have to provide for 20-year product patents in the pharmaceutical area.
Marketa Trimble
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199840687
- eISBN:
- 9780199933013
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199840687.003.0009
- Subject:
- Law, Intellectual Property, IT, and Media Law
This chapter reviews both the private international law solutions and the institutional solutions to the problem of enforcement of parallel patents and analyzes the hurdles to their implementation. ...
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This chapter reviews both the private international law solutions and the institutional solutions to the problem of enforcement of parallel patents and analyzes the hurdles to their implementation. The chapter first presents the only private international law solution that has been tested—the regime used in Europe that was originally formed under the Brussels and Lugano Conventions—and explains the problems that the regime generated; it then shows how these problems were or are being mitigated. Further sections of the chapter discuss the international treaty and two major proposals that were developed as instruments of private international law—The Hague Convention, the American Law Institute Principles, and the Principles drafted by the Group for Conflict of Laws in Intellectual Property organized within the Max Planck Institute for Intellectual Property and Competition Law. The chapter goes on to analyze the hurdles to adoption of the private international solutions. Specifically, using the situations in the United States and Germany as examples, it examines the reluctance of courts to decide questions of foreign patent validity. It then turns to the institutional solutions as they have been discussed in Europe and suggests the reasons for the delay in their adoption. Finally, the chapter summarizes the barriers that exist to the adoption and implementation of both types of solutions at the global level.Less
This chapter reviews both the private international law solutions and the institutional solutions to the problem of enforcement of parallel patents and analyzes the hurdles to their implementation. The chapter first presents the only private international law solution that has been tested—the regime used in Europe that was originally formed under the Brussels and Lugano Conventions—and explains the problems that the regime generated; it then shows how these problems were or are being mitigated. Further sections of the chapter discuss the international treaty and two major proposals that were developed as instruments of private international law—The Hague Convention, the American Law Institute Principles, and the Principles drafted by the Group for Conflict of Laws in Intellectual Property organized within the Max Planck Institute for Intellectual Property and Competition Law. The chapter goes on to analyze the hurdles to adoption of the private international solutions. Specifically, using the situations in the United States and Germany as examples, it examines the reluctance of courts to decide questions of foreign patent validity. It then turns to the institutional solutions as they have been discussed in Europe and suggests the reasons for the delay in their adoption. Finally, the chapter summarizes the barriers that exist to the adoption and implementation of both types of solutions at the global level.
Marketa Trimble
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199840687
- eISBN:
- 9780199933013
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199840687.003.0010
- Subject:
- Law, Intellectual Property, IT, and Media Law
This chapter analyzes the doctrines used to prevent the exploitation of inventions outside protecting countries. It examines the doctrines from a comparative perspective by drawing from legislation ...
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This chapter analyzes the doctrines used to prevent the exploitation of inventions outside protecting countries. It examines the doctrines from a comparative perspective by drawing from legislation and jurisprudence in the United States and Germany. The chapter covers the first mid-nineteenth-century cases that involved inventions embedded in foreign ships that entered ports of protecting countries. It then discusses the cases in which the transit of goods through territories of protecting countries provided an opportunity for inventors to block the utilization of their inventions in other countries; the chapter also reviews border measures developed to block the importation of infringing products. The next two sections of the chapter analyze offers to sell and the issue of preventing patent infringements through the supply of components of a patented invention for assembly abroad. Acts of indirect infringement performed abroad may be also infringing, as discussed later in the chapter. The standard used to localize an infringing act, if defined flexibly enough, may also place an act committed abroad within the scope of the patent law of a protecting country. Such possibilities are discussed towards the end of the chapter, which also addresses infringements committed on the Internet. The chapter finally summarizes the various doctrines and explores the limitations of their territorial reach.Less
This chapter analyzes the doctrines used to prevent the exploitation of inventions outside protecting countries. It examines the doctrines from a comparative perspective by drawing from legislation and jurisprudence in the United States and Germany. The chapter covers the first mid-nineteenth-century cases that involved inventions embedded in foreign ships that entered ports of protecting countries. It then discusses the cases in which the transit of goods through territories of protecting countries provided an opportunity for inventors to block the utilization of their inventions in other countries; the chapter also reviews border measures developed to block the importation of infringing products. The next two sections of the chapter analyze offers to sell and the issue of preventing patent infringements through the supply of components of a patented invention for assembly abroad. Acts of indirect infringement performed abroad may be also infringing, as discussed later in the chapter. The standard used to localize an infringing act, if defined flexibly enough, may also place an act committed abroad within the scope of the patent law of a protecting country. Such possibilities are discussed towards the end of the chapter, which also addresses infringements committed on the Internet. The chapter finally summarizes the various doctrines and explores the limitations of their territorial reach.
Marketa Trimble
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199840687
- eISBN:
- 9780199933013
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199840687.003.0011
- Subject:
- Law, Intellectual Property, IT, and Media Law
This chapter analyzes the problems that patent holders face when they sue an entity that is outside the reach of the enforcement power of the court that adjudicates the patent infringement. The first ...
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This chapter analyzes the problems that patent holders face when they sue an entity that is outside the reach of the enforcement power of the court that adjudicates the patent infringement. The first section of the chapter presents the results of a quantitative analysis of a population of patent cases filed in the United States that was conducted to investigate the involvement of foreign entities in patent litigation in U.S. courts, and to demonstrate the magnitude of the phenomenon and the related potential for cross-border enforcement problems. Particular enforcement difficulties are discussed further in the chapter, which focus on injunctive and monetary relief, respectively. Finally, the chapter summarizes the enforcement difficulties identified in this chapter and offers observations on the impact of these difficulties on the territorial scope of patent laws.Less
This chapter analyzes the problems that patent holders face when they sue an entity that is outside the reach of the enforcement power of the court that adjudicates the patent infringement. The first section of the chapter presents the results of a quantitative analysis of a population of patent cases filed in the United States that was conducted to investigate the involvement of foreign entities in patent litigation in U.S. courts, and to demonstrate the magnitude of the phenomenon and the related potential for cross-border enforcement problems. Particular enforcement difficulties are discussed further in the chapter, which focus on injunctive and monetary relief, respectively. Finally, the chapter summarizes the enforcement difficulties identified in this chapter and offers observations on the impact of these difficulties on the territorial scope of patent laws.
Cynthia M. Ho
- Published in print:
- 2011
- Published Online:
- May 2011
- ISBN:
- 9780195390124
- eISBN:
- 9780199894536
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195390124.003.0005
- Subject:
- Law, Intellectual Property, IT, and Media Law
This chapter illustrates how individual nations may promote access to medicine while still complying with TRIPS, using India's patent laws as an example. As noted earlier, TRIPS requirements are not ...
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This chapter illustrates how individual nations may promote access to medicine while still complying with TRIPS, using India's patent laws as an example. As noted earlier, TRIPS requirements are not only skeletal, but undefined. Accordingly, under TRIPS nations have freedom and flexibility to define important terms and requirements. In particular, the chapter discusses various aspects of India's patent laws that are intended to promote access to medicine in a post-TRIPS world where patents must be granted. Although TRIPS flexibility may sometimes be constrained by international agreements or pressures, the chapter first explores what flexibilities countries should have under TRIPS. Understanding existing flexibilities under TRIPS is important because it provides a foundation to better understand how subsequent obligations may limit these flexibilities.Less
This chapter illustrates how individual nations may promote access to medicine while still complying with TRIPS, using India's patent laws as an example. As noted earlier, TRIPS requirements are not only skeletal, but undefined. Accordingly, under TRIPS nations have freedom and flexibility to define important terms and requirements. In particular, the chapter discusses various aspects of India's patent laws that are intended to promote access to medicine in a post-TRIPS world where patents must be granted. Although TRIPS flexibility may sometimes be constrained by international agreements or pressures, the chapter first explores what flexibilities countries should have under TRIPS. Understanding existing flexibilities under TRIPS is important because it provides a foundation to better understand how subsequent obligations may limit these flexibilities.
Hiroshi Oda
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780199232185
- eISBN:
- 9780191705335
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199232185.003.0016
- Subject:
- Law, Comparative Law
This chapter discusses Japanese intellectual property law. Topics covered include Japan as an ‘intellectual property-based nation’, patent law, copyright law, trade market protection, trade secrets ...
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This chapter discusses Japanese intellectual property law. Topics covered include Japan as an ‘intellectual property-based nation’, patent law, copyright law, trade market protection, trade secrets protection, and other types of intellectual property.Less
This chapter discusses Japanese intellectual property law. Topics covered include Japan as an ‘intellectual property-based nation’, patent law, copyright law, trade market protection, trade secrets protection, and other types of intellectual property.
MICHAEL SPENCE
- Published in print:
- 2007
- Published Online:
- March 2012
- ISBN:
- 9780198765011
- eISBN:
- 9780191695278
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198765011.003.0004
- Subject:
- Law, Intellectual Property, IT, and Media Law
This chapter is focused on technology assets, which are important to the business of the technology-based industries and are paradigmatic for the law of patents. It explains the law of patents and ...
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This chapter is focused on technology assets, which are important to the business of the technology-based industries and are paradigmatic for the law of patents. It explains the law of patents and the various demands placed upon it by the different commercial and technological contexts in which it operates. It also discusses the protections provided by the UK design right as well as the subjects that it encompasses.Less
This chapter is focused on technology assets, which are important to the business of the technology-based industries and are paradigmatic for the law of patents. It explains the law of patents and the various demands placed upon it by the different commercial and technological contexts in which it operates. It also discusses the protections provided by the UK design right as well as the subjects that it encompasses.
Holger Hestermeyer
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199552177
- eISBN:
- 9780191706936
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199552177.001.0001
- Subject:
- Law, Human Rights and Immigration, Public International Law
This study examines the alleged conflict of WTO law with international human rights law, using a prominent example of such a conflict: that between international patent law, i.e., the TRIPS ...
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This study examines the alleged conflict of WTO law with international human rights law, using a prominent example of such a conflict: that between international patent law, i.e., the TRIPS Agreement, and access to medicine as guaranteed, e.g., by the International Covenant on Economic, Social and Cultural Rights. The highly controversial political issue of the appropriate application of international patent law to life-saving medicines gained the world's attention during the discussion about the price of AIDS medication, but recent examples also include patents on medicines for bird flu and for anthrax. The book discusses the patent law and the international human rights law involved, distinguishing between obligations under different human rights instruments. It introduces both areas of law and then explains the concept of conflict between legal regimes and why patent law and human rights law are in conflict. The current state of international law on the conflict between legal regimes and the origin of such conflicts is analyzed, covering such issues as hierarchy in international law and introducing the concept of ‘factual hierarchy’ of regimes. The book then turns to the role of human rights law in the WTO system, concluding that such law currently is limited to aiding the interpreting of the WTO Agreements. It shows how a further integration of human rights law into the WTO regime could be achieved and describes the progress made towards accommodating human rights concerns within the TRIPS Agreement, culminating in the first ever decision to amend a core WTO Agreement in December 2005.Less
This study examines the alleged conflict of WTO law with international human rights law, using a prominent example of such a conflict: that between international patent law, i.e., the TRIPS Agreement, and access to medicine as guaranteed, e.g., by the International Covenant on Economic, Social and Cultural Rights. The highly controversial political issue of the appropriate application of international patent law to life-saving medicines gained the world's attention during the discussion about the price of AIDS medication, but recent examples also include patents on medicines for bird flu and for anthrax. The book discusses the patent law and the international human rights law involved, distinguishing between obligations under different human rights instruments. It introduces both areas of law and then explains the concept of conflict between legal regimes and why patent law and human rights law are in conflict. The current state of international law on the conflict between legal regimes and the origin of such conflicts is analyzed, covering such issues as hierarchy in international law and introducing the concept of ‘factual hierarchy’ of regimes. The book then turns to the role of human rights law in the WTO system, concluding that such law currently is limited to aiding the interpreting of the WTO Agreements. It shows how a further integration of human rights law into the WTO regime could be achieved and describes the progress made towards accommodating human rights concerns within the TRIPS Agreement, culminating in the first ever decision to amend a core WTO Agreement in December 2005.
Cynthia M. Ho
- Published in print:
- 2011
- Published Online:
- May 2011
- ISBN:
- 9780195390124
- eISBN:
- 9780199894536
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195390124.003.0010
- Subject:
- Law, Intellectual Property, IT, and Media Law
This chapter explains regulatory laws that provide complementary protection to patent laws by limiting competition from generic manufacturers. In particular, it focuses on explaining “data ...
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This chapter explains regulatory laws that provide complementary protection to patent laws by limiting competition from generic manufacturers. In particular, it focuses on explaining “data exclusivity” and “patent linkage”—protection provided in the regulatory laws of some countries that may create additional hurdles to the entry of generic drugs.Less
This chapter explains regulatory laws that provide complementary protection to patent laws by limiting competition from generic manufacturers. In particular, it focuses on explaining “data exclusivity” and “patent linkage”—protection provided in the regulatory laws of some countries that may create additional hurdles to the entry of generic drugs.
Cynthia M. Ho
- Published in print:
- 2011
- Published Online:
- May 2011
- ISBN:
- 9780195390124
- eISBN:
- 9780199894536
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195390124.003.0011
- Subject:
- Law, Intellectual Property, IT, and Media Law
This chapter analyzes an important current controversy under TRIPS while simultaneously providing another opportunity to show the impact and influence of competing patent perspectives. In particular, ...
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This chapter analyzes an important current controversy under TRIPS while simultaneously providing another opportunity to show the impact and influence of competing patent perspectives. In particular, it analyzes a controversial EU Regulation that permits customs officials to detain goods that infringe local patent laws—even though those goods are not intended for local consumption. Pursuant to the Regulation, the chapter gives an example of a situation where goods have been detained at a Netherlands airport en route to another country. The detentions are permissible under the EU Regulation because in-transit goods are considered to infringe patent rights in the Netherlands. These detentions have resulted in delays of goods that violate no patent rights in either the country of origin or destination. The issue poses difficult interpretive TRIPS questions, yet discussion to date has predominantly suggested the EU law is either clearly consistent or inconsistent with TRIPS. The chapter aims to explain why the TRIPS issue is a nuanced one that is far less clear than most suggest. In addition, it describes how the competing patent perspectives have promoted skewed interpretations of the law and facts.Less
This chapter analyzes an important current controversy under TRIPS while simultaneously providing another opportunity to show the impact and influence of competing patent perspectives. In particular, it analyzes a controversial EU Regulation that permits customs officials to detain goods that infringe local patent laws—even though those goods are not intended for local consumption. Pursuant to the Regulation, the chapter gives an example of a situation where goods have been detained at a Netherlands airport en route to another country. The detentions are permissible under the EU Regulation because in-transit goods are considered to infringe patent rights in the Netherlands. These detentions have resulted in delays of goods that violate no patent rights in either the country of origin or destination. The issue poses difficult interpretive TRIPS questions, yet discussion to date has predominantly suggested the EU law is either clearly consistent or inconsistent with TRIPS. The chapter aims to explain why the TRIPS issue is a nuanced one that is far less clear than most suggest. In addition, it describes how the competing patent perspectives have promoted skewed interpretations of the law and facts.
Brett M. Frischmann
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199895656
- eISBN:
- 9780199933280
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199895656.001.0001
- Subject:
- Law, Environmental and Energy Law
Infrastructure resources are the subject of many contentious public policy debates, including what to do about crumbling roads and bridges, whether and how to protect our natural environment, energy ...
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Infrastructure resources are the subject of many contentious public policy debates, including what to do about crumbling roads and bridges, whether and how to protect our natural environment, energy policy, even patent law reform, universal health care, network neutrality regulation, and the future of the Internet. Each of these involves a battle to control infrastructure resources, to establish the terms and conditions under which the public receives access, and to determine how the infrastructure and various dependent systems evolve over time. This book pays much needed attention to understanding how society benefits from infrastructure resources and how management decisions affect a wide variety of interests. The book links infrastructure, a particular set of resources defined in terms of the manner in which they create value, with commons, a resource management principle by which a resource is shared within a community. The infrastructure commons ideas have broad implications for scholarship and public policy across many fields ranging from traditional infrastructure like roads to environmental economics to intellectual property to Internet policy. Economics has become the methodology of choice for many scholars and policymakers in these areas. The book offers a rigorous economic challenge to the prevailing wisdom, which focuses primarily on problems associated with ensuring adequate supply. The book explores a set of questions: what drives the demand side of the equation, and how should demand-side drivers affect public policy? Demand for infrastructure resources involves a range of important considerations that bear on the optimal design of a regime for infrastructure management. The book identifies resource valuation and attendant management problems that recur across many different fields and many different resource types, and it develops a functional economic approach to understanding and analyzing these problems and potential solutions.Less
Infrastructure resources are the subject of many contentious public policy debates, including what to do about crumbling roads and bridges, whether and how to protect our natural environment, energy policy, even patent law reform, universal health care, network neutrality regulation, and the future of the Internet. Each of these involves a battle to control infrastructure resources, to establish the terms and conditions under which the public receives access, and to determine how the infrastructure and various dependent systems evolve over time. This book pays much needed attention to understanding how society benefits from infrastructure resources and how management decisions affect a wide variety of interests. The book links infrastructure, a particular set of resources defined in terms of the manner in which they create value, with commons, a resource management principle by which a resource is shared within a community. The infrastructure commons ideas have broad implications for scholarship and public policy across many fields ranging from traditional infrastructure like roads to environmental economics to intellectual property to Internet policy. Economics has become the methodology of choice for many scholars and policymakers in these areas. The book offers a rigorous economic challenge to the prevailing wisdom, which focuses primarily on problems associated with ensuring adequate supply. The book explores a set of questions: what drives the demand side of the equation, and how should demand-side drivers affect public policy? Demand for infrastructure resources involves a range of important considerations that bear on the optimal design of a regime for infrastructure management. The book identifies resource valuation and attendant management problems that recur across many different fields and many different resource types, and it develops a functional economic approach to understanding and analyzing these problems and potential solutions.
Srividhya Ragavan
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780199840670
- eISBN:
- 9780199949786
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199840670.003.0002
- Subject:
- Law, Intellectual Property, IT, and Media Law
This chapter takes a look at the problems associated with patent development within developing countries, specifically Brazil and India. The first half of the chapter discusses the patent regime in ...
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This chapter takes a look at the problems associated with patent development within developing countries, specifically Brazil and India. The first half of the chapter discusses the patent regime in India, including the Ayyangar Report, which analyzes the adaptability of foreign patent regimes and policy options to address the national issues of the country, and the process patent regime of the 1970s, where the processes and methods of producing food, medical, and chemical invention products were protected. The second half of the chapter focuses on Brazil's constitutional commitment to access to medicines and its patent law. A section on the similarities between these two countries concludes the chapter.Less
This chapter takes a look at the problems associated with patent development within developing countries, specifically Brazil and India. The first half of the chapter discusses the patent regime in India, including the Ayyangar Report, which analyzes the adaptability of foreign patent regimes and policy options to address the national issues of the country, and the process patent regime of the 1970s, where the processes and methods of producing food, medical, and chemical invention products were protected. The second half of the chapter focuses on Brazil's constitutional commitment to access to medicines and its patent law. A section on the similarities between these two countries concludes the chapter.
Michael A. Carrier
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780195342581
- eISBN:
- 9780199867035
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195342581.003.0002
- Subject:
- Law, Intellectual Property, IT, and Media Law
This chapter begins with an overview of patent and copyright law, offering a synthesis of the elements most important for innovation. It then explores justifications for intellectual property (IP). ...
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This chapter begins with an overview of patent and copyright law, offering a synthesis of the elements most important for innovation. It then explores justifications for intellectual property (IP). It asks whether IP is necessary by examining other incentives for innovation. Finally, it traces dangers of IP protection such as monopoly loss, innovation bottlenecks, and harms to disruptive and user innovation.Less
This chapter begins with an overview of patent and copyright law, offering a synthesis of the elements most important for innovation. It then explores justifications for intellectual property (IP). It asks whether IP is necessary by examining other incentives for innovation. Finally, it traces dangers of IP protection such as monopoly loss, innovation bottlenecks, and harms to disruptive and user innovation.
Cynthia M. Ho
- Published in print:
- 2011
- Published Online:
- May 2011
- ISBN:
- 9780195390124
- eISBN:
- 9780199894536
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195390124.003.0007
- Subject:
- Law, Intellectual Property, IT, and Media Law
This chapter builds upon the basic rules for compulsory licenses under TRIPS (Chapter 5) and also provides a complementary examination of compulsory licenses. It introduces competing patent ...
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This chapter builds upon the basic rules for compulsory licenses under TRIPS (Chapter 5) and also provides a complementary examination of compulsory licenses. It introduces competing patent perspectives; it provides a case study of Thailand's recent compulsory licenses to explain some of the confusion and controversy concerning them. In particular, the lens of competing perspectives is used to provide an enriched understanding of why there has been so much confusion concerning compulsory licensing. In addition, this introduction to competing patent perspectives constructs a framework for subsequent chapters that revisit how such perspectives have played a role in issues involving access to medicine.Less
This chapter builds upon the basic rules for compulsory licenses under TRIPS (Chapter 5) and also provides a complementary examination of compulsory licenses. It introduces competing patent perspectives; it provides a case study of Thailand's recent compulsory licenses to explain some of the confusion and controversy concerning them. In particular, the lens of competing perspectives is used to provide an enriched understanding of why there has been so much confusion concerning compulsory licensing. In addition, this introduction to competing patent perspectives constructs a framework for subsequent chapters that revisit how such perspectives have played a role in issues involving access to medicine.
Cynthia M. Ho
- Published in print:
- 2011
- Published Online:
- May 2011
- ISBN:
- 9780195390124
- eISBN:
- 9780199894536
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195390124.003.0012
- Subject:
- Law, Intellectual Property, IT, and Media Law
This chapter provides a broader view of the development of international laws impacting the protection of drugs. Whereas prior chapters focused primarily on how patent-owning companies impact these ...
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This chapter provides a broader view of the development of international laws impacting the protection of drugs. Whereas prior chapters focused primarily on how patent-owning companies impact these laws, this chapter shows that such companies do not necessarily always dominate the conversation. In particular, just as companies have utilized tools such as forum shifting and trade pressures to achieve their goals, access to medicine proponents have used forum shifting and public pressure to promote their interests. The chapter demonstrates that the development of laws and policies impacting access to medicine is a dynamic process in which competing patent perspectives (as well as their confluence) play an important role.Less
This chapter provides a broader view of the development of international laws impacting the protection of drugs. Whereas prior chapters focused primarily on how patent-owning companies impact these laws, this chapter shows that such companies do not necessarily always dominate the conversation. In particular, just as companies have utilized tools such as forum shifting and trade pressures to achieve their goals, access to medicine proponents have used forum shifting and public pressure to promote their interests. The chapter demonstrates that the development of laws and policies impacting access to medicine is a dynamic process in which competing patent perspectives (as well as their confluence) play an important role.
Robin Jacob
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780199532711
- eISBN:
- 9780191705489
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199532711.003.0045
- Subject:
- Law, Legal History
This chapter focuses on the role of the House of Lords in relation to intellectual property. It begins with a discussion of the place of the House of Lords in IP up until 1952. By and large it ...
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This chapter focuses on the role of the House of Lords in relation to intellectual property. It begins with a discussion of the place of the House of Lords in IP up until 1952. By and large it performed a valuable and cohesive function. The chapter then presents cases: they are of two sorts, those about the core rules of IP law and those which, although having an IP right in the background, were really about some more general question. It argues that the House has generally served IP well, and has particularly served patents very well. IP law is a lot better off for the second tier of appeal.Less
This chapter focuses on the role of the House of Lords in relation to intellectual property. It begins with a discussion of the place of the House of Lords in IP up until 1952. By and large it performed a valuable and cohesive function. The chapter then presents cases: they are of two sorts, those about the core rules of IP law and those which, although having an IP right in the background, were really about some more general question. It argues that the House has generally served IP well, and has particularly served patents very well. IP law is a lot better off for the second tier of appeal.
Cynthia M. Ho
- Published in print:
- 2011
- Published Online:
- May 2011
- ISBN:
- 9780195390124
- eISBN:
- 9780199894536
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195390124.003.0006
- Subject:
- Law, Intellectual Property, IT, and Media Law
This chapter aims to bring clarity to the contentious and confusing question of what types of compulsory licenses are permissible under TRIPS. It first clarifies the actual TRIPS rules on compulsory ...
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This chapter aims to bring clarity to the contentious and confusing question of what types of compulsory licenses are permissible under TRIPS. It first clarifies the actual TRIPS rules on compulsory licenses and, in particular, distills the dozen complex provisions regarding compulsory licensing into more logical categories for explanation. It also provides an illustration of how a country can craft a compulsory licensing law to promote access to medicine while simultaneously complying with TRIPS. The chapter concludes with a discussion of issues beyond the scope of TRIPS that countries must consider in connection with the benefits and costs of issuing compulsory licenses. It provides an essential background to understanding a procedure involving a “waiver” of one of the usual TRIPS requirements to help provide low-cost drugs to poor countries.Less
This chapter aims to bring clarity to the contentious and confusing question of what types of compulsory licenses are permissible under TRIPS. It first clarifies the actual TRIPS rules on compulsory licenses and, in particular, distills the dozen complex provisions regarding compulsory licensing into more logical categories for explanation. It also provides an illustration of how a country can craft a compulsory licensing law to promote access to medicine while simultaneously complying with TRIPS. The chapter concludes with a discussion of issues beyond the scope of TRIPS that countries must consider in connection with the benefits and costs of issuing compulsory licenses. It provides an essential background to understanding a procedure involving a “waiver” of one of the usual TRIPS requirements to help provide low-cost drugs to poor countries.
Clare Pettitt
- Published in print:
- 2004
- Published Online:
- January 2010
- ISBN:
- 9780199253203
- eISBN:
- 9780191719172
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199253203.003.0003
- Subject:
- Literature, 19th-century and Victorian Literature
In May 1851, the Great Exhibition of the Works of Industry of All Nations was held at Hyde Park in London, England. There was so much in this Exhibition that was copied, imitated, die-cast, ...
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In May 1851, the Great Exhibition of the Works of Industry of All Nations was held at Hyde Park in London, England. There was so much in this Exhibition that was copied, imitated, die-cast, lithographed, electroplated, stereotyped, daguerreotyped, galvano-plastic, and so on, that the Exhibition itself posed questions about the relationship of monetary to aesthetic value and the status of the ‘real’ and ‘original’ in an emerging economy of reproduction and imitation. This chapter argues that the reform of the patent law at mid-19th century was profoundly affected by a literary lobby, including Charles Dickens and other members of the Society of Arts, which maintained the analogies with copyright law despite the evidence that industrial innovation had now become a largely corporate, and not an individual, endeavour. The chapter shows the crucial importance of the close juxtaposition of artworks and machines at the Exhibition of 1851 to the subsequent discussion of the status and intellectual property of artists and inventors.Less
In May 1851, the Great Exhibition of the Works of Industry of All Nations was held at Hyde Park in London, England. There was so much in this Exhibition that was copied, imitated, die-cast, lithographed, electroplated, stereotyped, daguerreotyped, galvano-plastic, and so on, that the Exhibition itself posed questions about the relationship of monetary to aesthetic value and the status of the ‘real’ and ‘original’ in an emerging economy of reproduction and imitation. This chapter argues that the reform of the patent law at mid-19th century was profoundly affected by a literary lobby, including Charles Dickens and other members of the Society of Arts, which maintained the analogies with copyright law despite the evidence that industrial innovation had now become a largely corporate, and not an individual, endeavour. The chapter shows the crucial importance of the close juxtaposition of artworks and machines at the Exhibition of 1851 to the subsequent discussion of the status and intellectual property of artists and inventors.
