Download or read book Protection and Quality of Patents The Harmonization of International Patent Systems written by Davis Francis and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Simplicity and harmonization of international agreements under international trading system has become prevailing principle of international trading system. With the change of global economy with increasing innovation and invention of intellectual property rights as soft law has become one of the 21st trading issues. Many countries has realized the need of protection of intellectual property especially patents as industrial property as their tool of competition for their overall industrial development and national development. Despite presence of different international institutions with different multinational, regional and international patent systems and existing territorial principle and with sovereign power on determination of subject matter of patentability vested to different jurisdictions. But the need of protection and quality of patient has become of global concern. Absence of agreed criteria's on quality of patents with presence of different patents filing systems under Paris convention and Patent Cooperation Treaty, has resulted into the unnecessary costs and affects easiness of filing patent among Patent holders which may lead to disputes in determination of priority date and recognition of their patent rights in different jurisdictions. Therefore this study examined the protection of patents under existing patent international filing systems of Paris Convention, Patent Cooperation Treaty (PCT) and TRIPS Agreement, The need of Harmonization of the particular International patent filing systems and the determination of the quality of patents protection. The conclusion of this study was mainly based on methodologies of comparative analysis and descriptive analysis.

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 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 A Patent System for the 21st Century written by National Research Council and published by National Academies Press. This book was released on 2004-09-01 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 Patent Law in Global Perspective written by Professor Ruth L. Okediji and published by Oxford University Press. This book was released on 2014-02-27 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Patent Law in Global Perspective addresses critical and timely questions in patent law from a truly global perspective, with contributions from leading patent law scholars from various countries. Offering fresh insights and new approaches to evaluating key institutional, economic, doctrinal, and practical issues, these chapters reflect critical analyses and review developments in national patent laws, efforts to reform the global patent system, and reconfigure geopolitical interests. Professors Ruth L. Okediji and Margo A. Bagley bring together the first collection to explore patent law issues through the lens of economic development theory, international relations, theoretical foundations for the patent law system in the global context, and more. Topics include: the role of patent law in economic development; the efficacy of patent rights in facilitating innovation; patents and access to medicines; comparative patentability standards (including subject matter eligibility for biotechnology and software inventions); limitations and exceptions to patent scope and protection (including exhaustion, compulsory licensing, and research exceptions); patents on plants and other living organisms; and the impact of emerging economies on global patent system governance. The contributors provide a wealth of original insight and thought-provoking discussion that will be of great interest and benefit to scholars, policymakers, and practitioners alike.

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 Reaping what You Sow written by Phillip McCalman and published by . This book was released on 1999 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book A Global Solution for the Protection of Inventions written by Esteban Donoso and published by Archway Publishing. This book was released on 2014-04 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is the current global legal system for patents really universal, fair, and effective? Author Esteban Donoso addresses this question in A Global Solution for the Protection of Inventions. Sharing the results of an extensive study, Donoso analyzes the legal nature of intellectual property, industrial property, and patents and reviews the evolution and background of the current global legal scenario of the protection of inventions. The study also identifies the main flaws, strengths, and virtues of the current system and examines the international instrument governing patents. Donoso then introduces a corrective action plan and addresses the compatibility of the proposal in regard to free trade, technology transfer, and the least possible market distortion. A Global Solution for the Protection of Inventions seeks to correct the deficiencies that exist in the current patent system by introducing a differentiated protection period granted by a patent according to the economic capacity of each country and demonstrates that this action is necessary to make the global agreement governing the system just and effective.

Download or read book The Economics of the International Patent System written by Edith Tilton Penrose and published by . This book was released on 1951 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book International Patent Rights Harmonisation written by Weinian Hu and published by Taylor & Francis. This book was released on 2017-05-08 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: With reference to China, this book examines the course of international patent rights harmonisation; its characteristics as well as impediments. It evaluates the case of China’s patent law development over the course of the last three decades by drawing on the most up-to-date Chinese language sources. In the process, the volume focuses on China’s patent legislation, its achievements and weaknesses, as well as the intrinsic limitations, especially as far as enforcement is concerned. The author pays close attention to the unique societal background in China, a country that did not provide constitutional recognition to private property rights until 2004 and where a property law entered into force as late as 2013, 30 years after the first promulgation of the patent law. Global trade policy makers, IP professionals and businesses will benefit from the insights presented by the chapters as they will help them to appreciate the achievements and the controversies pursuant to China’s efforts in patent protection. While serving as a useful case study for countries seeking to leverage patent protection as a driver for economic development, the book will equally facilitate Chinese legislature to reflect on its patent legislation development, specifically on legislative policy choices. An additional analytical strength of the volume is that it compares the Chinese patent legislation with the American Invents Act and the European Patent Convention. It discovers the differences between the three patent legislations by using the minimum patent protection standards set down by the TRIPS Agreement as the benchmark. The results of the comparisons suggest that China has successfully harmonised its patent legislation with the global patent protection system, and often opts for higher patent protection standards. The book also considers whether China could learn lessons from Japan and India in their respective patent legislation and policy choices. With China undertaking a fourth patent law amendment, the provisions contained in the second draft of the Patent Law 2015, which was published in December 2015, are included in the analysis.

Download or read book Justifying an International Patent System written by Dongwook Chun and published by . This book was released on 2017 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: Globalization is a double-edged sword for innovation. It can give innovative companies the opportunity to go beyond national boundaries, but at the same time can jeopardize their innovations without proper protection. In order to solve the problem of costs, delay, uncertainty, and unpredictability that fragmented patent system has caused, it has been argued that the harmonization of domestic patent laws is necessary. Countries have responded this by successfully concluding Patent Cooperation Treaty (PCT) and Trade Related Intellectual Property Rights (TRIPS). International communities have particularly focused on harmonizing procedural issues to share administrative works of search and examination. This work-sharing mechanism is effective in alleviating works of patent offices and reducing application costs, which can consequentially contribute to improving patent quality. However, there have been growing conflicts around substantive harmonization. Developing countries argue that the benefits of patent harmonization was unevenly distributed, and resist further development of international patent laws. Historically, patent harmonization was discussed on the foundation of utilitarian theory. As a result, it was negotiated within the trade forum where countries can discuss compensation for Kaldor-Hicks improvement. However, the compensation mechanism of trade concession has not worked properly, and the relationship between trade and intellectual property (IP) is vague and tenuous at best. Thus, there is growing belief among developing countries that the international patent system is a coerced agreement that should be resisted rather than embraced. In this situation, it is necessary to consider delinking patent harmonization from trade negotiation. Rather than depending on utilitarian calculation, it is worth adopting property theories as a normative justification for further harmonization. Among many property theories, Locke's labor theory can deliver balanced guidance by highlighting the natural-rights aspects of property, as well as recognizing a role of government. This fundamental paradigm shift of patent harmonization from the trade theory to property theories can provide a normative guidance to confront current issues in international intellectual property laws, such as biotechnology, traditional knowledge, and biodiversity.

Download or read book Harmonization of Patent Systems written by Fumitake Yoshida and published by . This book was released on 1990 with total page 12 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Research Handbook on Patent Law and Theory written by Toshiko Takenaka and published by Edward Elgar Publishing. This book was released on 2019 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: This significantly updated second edition of the Research Handbook on Patent Law provides comprehensive coverage of new research for patent protection in three major jurisdictions: the United States, Europe and Japan.

Download or read book International Patent Law Cooperation Harmonization and an Institutional Analysis of WIPO and the WTO written by Alexander James Stack and published by . This book was released on 2008 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work considers international cooperation or harmonization in patent law and analyzes the two main international patent law governance institutions: the World Intellectual Property Organization (WIPO) and the World Trade Organization (WTO).A welfarist approach is adopted, proposing that international patent law should improve global welfare, subject to assumptions that the preferences of the world population are heterogeneous, that governments try to maximize the welfare of their citizens, and that international legal organization faces collective action problems.Normatively desirable patent law harmonization reconciles strong reasons for preserving diversity (including the static and dynamic satisfaction of local preferences and adapting to unpredictable change) with strong reasons for cooperation (reducing duplication in patent prosecution, and reconciling imbalanced national externalities, incentives to innovation and costs). The last reason leads to a system of national treatment and minimum standards. The risks presented by the skewed nature of invention are addressed in the international patent system through a form of regional insurance.Questions about the WTO dispute resolution system, the TRIPs Council, and the WTO's legitimacy are addressed by advocating a trade stakeholders' model. Whether international patent law should be seen as a multilateral obligation or a nexus of bilateral obligations is explored.Given diverse national preferences and high uncertainty surrounding the welfare effects of specific patent policies, the process of harmonization is inevitably a political process. This political aspect directly connects the topic of patent law harmonization with the institutional analysis of WIPO and the WTO. The implementation of welfare-enhancing patent law cooperation is best guarded by a process with a wide range of political inputs and transparency. Ultimately, only good international governance can deliver on the potential of the international patent system to promote international innovation, economic growth and worldwide prosperity.These reasons for cooperation present two linked but separable collective action problems, supporting the existence of two international institutions to govern patent cooperation. WIPO is best positioned to address duplication in patent prosecution. The WTO is best positioned to address imbalanced national externalities, incentives and costs. However, both the WIPO and the WTO are needed to provide a comprehensive international governance system.

Download or read book International Patent legislation and Developing Countries written by Ulf Anderfelt and published by Springer. This book was released on 1971-07 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Patent-Legislation and Developing Countries

Download or read book Patent Cultures written by Graeme Gooday and published by Cambridge University Press. This book was released on 2022-07-07 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores how dissimilar patent systems remain distinctive despite international efforts towards harmonization. The dominant historical account describes harmonization as ever-growing, with familiar milestones such as the Paris Convention (1883), the World Intellectual Property Organization's founding (1967), and the formation of current global institutions of patent governance. Yet throughout the modern period, countries fashioned their own mechanisms for fostering technological invention. Notwithstanding the harmonization project, diversity in patent cultures remains stubbornly persistent. No single comprehensive volume describes the comparative historical development of patent practices. Patent Cultures: Diversity and Harmonization in Historical Perspective seeks to fill this gap. Tracing national patenting from imperial expansion in the early nineteenth century to our time, this work asks fundamental questions about the limits of globalization, innovation's cultural dimension, and how historical context shapes patent policy. It is essential reading for anyone seeking to understand the contested role of patents in the modern world.

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.