Download or read book The Patent System Harmonization Act of 1992 written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Patents, Copyrights, and Trademarks and published by . This book was released on 1993 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: Considers (102) S. 2605, (102) H.R. 4978.
Download or read book Patent Harmonization written by Harold C. Wegner and published by . This book was released on 1993 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Patent Law Harmonization in the Age of Globalization written by Dongwook Chun and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: While international patent law harmonization has been an issue in progress since the conclusion of the Paris Convention in 1883, it is facing new challenges due to its rising prominence in a knowledge-based economy and the world's growing sensitivity to the patent system's social and economic role in society. Since their beginning, patent laws have been inherently diverse for several reasons: territoriality, and distinct policy goals and cultural backgrounds of each nation. However, as globalization intensified the problem of fragmented patent laws, arguments for harmonizing patents laws obtained dominant support in international communities. This paper addresses the need to harmonize patent laws among countries within the growing trend of globalization. The paper further examines implementing measures that realize the harmonization of patent laws. To answer questions regarding the level and order at which harmonization should take place, it is necessary to divide harmonization into four categories according to the procedural-substantive and legislative-administrative standpoint. Even though substantive and legal harmonization might be the final goal of harmonization, it costs too much and takes too long. Rather, as a practically plausible alternative based on cost-benefit analysis, it is worth focusing on a modest harmonization-administrative and substantive harmonization for "Work-sharing." To implement work-sharing with minimum costs and delay, it is necessary to scrutinize several strategies that promote language based cooperation, offshore outsourcing, regional patent system, and combination with PCT. Within the undeniable trend of globalization, it is essential to find broad and innovative international cooperation that can benefit all participating countries.
Download or read book International Patent Law written by Alexander James Stack and published by Edward Elgar Publishing. This book was released on 2011-01-01 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'For the newcomer to intellectual property, this book is a wonderful introduction to global innovation policy debates and the difficulties in identifying optimal patent strategies. For those in the field, the volume provides an engaging examination of the complex interactions among heterogeneous national priorities, demands for an efficient environment for global trade in knowledge-intensive assets, and the capabilities of various international institutions – particularly WIPO and the WTO – to foster the development of, and administer, sound international patent policy.' – Rochelle Dreyfuss, New York University School of Law, US 'In this book, Alex Stack raises and explores critically important questions with respect to this body of experience: When is international patent law cooperation and harmonization welfare-enhancing? What is the role of international institutions – WIPO and the WTO – in furthering such harmonization? Stack explores these questions from a global welfarist, rationalist perspective. Using tools from new institutional economics, he explores design implications for international institutions, focusing on WIPO and the WTO, analyzing grounds for international cooperation as collective action problems and applying historical, political and transaction cost analysis. . . This book provides a subtle, insightful, and original analysis of the evolution of institutional arrangements for the international harmonization of patent laws that will be of immense value to scholars and practitioners involved in international harmonization efforts in intellectual property and cognate areas of commercial law. It will surely quickly become accepted as the seminal reference work in these fields.' – From the foreword by Michael Trebilcock, University of Toronto, Canada When is international patent law cooperation and harmonization welfare-enhancing? What is the role of international institutions – WIPO and the WTO – in furthering such harmonization? This book explores these questions from a global welfarist, rationalist perspective. It grounds its analysis in innovation theory and a examination of patent law and prosecution, incorporating the uncertainty of patent law's impact on welfare at a detailed level, dynamic changes, the skewed nature of patent value and the difficulty of textually capturing patent concepts. Using tools from new institutional economics, it explores future design implications for international institutions, analyzing grounds for international cooperation as collective action problems and applying historical, political and transaction cost analyses. Academics, students and practitioners interested in international economic law, specifically in respect of patents, innovation and intellectual property, the TRIPs Agreement, the WTO and WIPO will find this book essential. It will also prove insightful for researchers whose primary background is in international relations or international political economy, but are seeking an introduction to the patent and intellectual property field.
Download or read book Harmonizing Patent Law written by Hanns Ullrich and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: To the difference of trademarks and designs, protection of patents in Europe essentially rests on national law only. The 'European patent' as granted by the European Patent Organization through the European Patent Office, while internationally uniform as to the conditions of the grant, represents but a 'bundle' of as many independent national patents as have been asked for by the applicant. As a consequence, the terms of the exclusive right, which they confer upon their owner, are determined by the various national laws. It is to remedy this territorially fragmented and more or less diverse protection, that since about half a century the European Union attempts to establish an autonomous system of unitary patent protection of its own design, but has failed to achieve it whichever way it chose. The stumbling blocks have been not so much the proper determination of the substance of protection, since only little efforts of modernization have been undertaken. Rather, they were the choice of the language regime for the patents granted, and the establishment of a common patent litigation system. Both obstacles have a history of their own. While the latter is still evolving, the former actually has blocked the introduction of an EU-wide unitary European Union (ex Community) patent. Instead, a 'European patent with unitary effect' is about to come, which will cover only the territories of those EU Member States, which will participate in 'enhanced cooperation' within the Union, most likely a majority of 25 States. Switching from the entire Union to enhanced cooperation was, indeed, the not unwelcome opportunity not only to overcome the language hurdle, but also to modify the very structure of patent protection, and to try to move from a Union type of patent to an international one. The paper is concerned with, first, why the language regime could become or could be made a reason to move from a Union project to one of enhanced cooperation among “the willing”; second, with whether enhanced cooperation is a proper approach at all under Union law; third, with the problematic structure and nature of the 'European patent with unitary effect'; and fourth, with the no less problematic co-existence of an up-graded European patent as it will result from the eventual adoption of an 'Agreement on a Unified Patent Court' to be concluded among EU Member States only. The conclusion is that instead of obtaining a workable system of patent protection in Europe, we will have to face a multi-layer monster system of patents of all kinds, national, full and half European, Unionist, territorially fragmented or unitary, balanced or unbalanced in their substance.
Download or read book Harmonizing Intellectual Property Law for a Trans Atlantic Knowledge Economy written by and published by BRILL. This book was released on 2024-05-02 with total page 437 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book gathers and builds on research into distinct national and regional traditions in regulating innovation. It is an early attempt at a comprehensive legal history of the uneven trans-Atlantic harmonization of IP law. Authors explore harmonization as a legal mandate and a progressive ideal, and imagine areas in which coherent regulatory webs could build a more vibrant trans-Atlantic knowledge economy.
Download or read book Patent Harmonization written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, the Internet, and Intellectual Property and published by . This book was released on 2006 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Perspective on Patents written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Intellectual Property and published by . This book was released on 2005 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Patent Cultures written by Graeme Gooday and published by Cambridge University Press. This book was released on 2020-03-26 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tracing global histories of patenting, this book reveals the resilient diversity of patent systems, challenging the universality of 'intellectual property'.
Download or read book The Harmonizing Effect of European Patent Law on National Patent Laws written by Kurt Haertel and published by . This book was released on 1983 with total page 13 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Global Dimensions of Intellectual Property Rights in Science and Technology written by National Research Council and published by National Academies Press. This book was released on 1993-02-01 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: As technological developments multiply around the globeâ€"even as the patenting of human genes comes under serious discussionâ€"nations, companies, and researchers find themselves in conflict over intellectual property rights (IPRs). Now, an international group of experts presents the first multidisciplinary look at IPRs in an age of explosive growth in science and technology. This thought-provoking volume offers an update on current international IPR negotiations and includes case studies on software, computer chips, optoelectronics, and biotechnologyâ€"areas characterized by high development cost and easy reproducibility. The volume covers these and other issues: Modern economic theory as a basis for approaching international IPRs. U.S. intellectual property practices versus those in Japan, India, the European Community, and the developing and newly industrializing countries. Trends in science and technology and how they affect IPRs. Pros and cons of a uniform international IPRs regime versus a system reflecting national differences.
Download or read book International Patent Law written by Alexander James Stack and published by Edward Elgar Publishing. This book was released on 2011 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Alexander Stack analyzes international patent law institutions and harmonization from a global welfarist, rationalist perspective. Grounding his analysis in innovation theory and an examination of patent law and prosecution, the author employs tools from new institutional economics to explore when cooperation is welfare-enhancing and the design implications for international institutions.
Download or read book Harmony and Disharmony in International Patent Law written by Colleen V. Chien and published by . This book was released on 2016 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the purposes of the Trans-Pacific Partnership (TPP) is to harmonize standards and create a uniform climate for trade and investment. As lawmakers deliberate the terms of the deal, they must consider what the long-term impact of agreeing to its sweeping provisions will be. As they do so, they should keep in mind that the gaps between the agreed-upon principles and local implementation, and the differences between local implementation - some of them by design - are often quite great. Drawing upon the existing literature, this short essay provides a survey of the extent of harmony and disharmony in the 20 years that have passed since ratification of the TRIPS agreement, with a focus on its patent provisions. After considering the framework for harmonization that the TPP and TRIPS share, I discuss and provide examples of three types of differences: differences between the minimum standards that are negotiated and compliance with them, differences between the substantive principles agreed to and the actual laws that implement them (and the procedural contexts in which they operate), and differences between the laws as enacted and the laws that are applied.
Download or read book Harmonization of Intellectual Property Rights on the European Level written by Christina Schubert and published by GRIN Verlag. This book was released on 2010-06-16 with total page 27 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seminar paper from the year 2010 in the subject Law - European and International Law, Intellectual Properties, grade: 1,7, University of Marburg (Wirtschaftspolitik), course: Seminar: Competition Policy and intellectual Property Rights: New exciting developments in European competition and US antitrust policy., language: English, abstract: This descriptive assignment will give a comprehensive overview of IP-law in Europe. It will mainly focus on the question in how far the EU reached a harmonisation of national IP-law in the main fields of industrial property rights as well as copyrights. In the beginning a short introduction of the historical development of IPRs and the legal framework in the EU will be given. The conclusion will revise the critical points.
Download or read book Patent Law Harmonization written by Donald W. Banner and published by . This book was released on 1992 with total page 7 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Patent System for the 21st Century written by National Research Council and published by National Academies Press. This book was released on 2004-10-01 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt: The U.S. patent system is in an accelerating race with human ingenuity and investments in innovation. In many respects the system has responded with admirable flexibility, but the strain of continual technological change and the greater importance ascribed to patents in a knowledge economy are exposing weaknesses including questionable patent quality, rising transaction costs, impediments to the dissemination of information through patents, and international inconsistencies. A panel including a mix of legal expertise, economists, technologists, and university and corporate officials recommends significant changes in the way the patent system operates. A Patent System for the 21st Century urges creation of a mechanism for post-grant challenges to newly issued patents, reinvigoration of the non-obviousness standard to quality for a patent, strengthening of the U.S. Patent and Trademark Office, simplified and less costly litigation, harmonization of the U.S., European, and Japanese examination process, and protection of some research from patent infringement liability.
Download or read book Harmonisation of Intellectual Property in Europe written by Philip Leith and published by . This book was released on 1998 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume contains a highly original perspective on the workings of the European Patent Office and the profession by Dr Phillip Leith, of the Queen's University of Belfast. Volume 3 is edited by Dr Adrian Chandler, of the University South West England. Dr Chandler is a renowned contributor in the field of patents and the transfer of technology. This work has profound implications for the wider harmonisation of the registered rights.
