Download or read book Gene Patents and Collaborative Licensing Models written by Geertrui van Overwalle and published by Cambridge University Press. This book was released on 2009-06-11 with total page 517 pages. Available in PDF, EPUB and Kindle. Book excerpt: The cost of patent licenses needed to design a new genetic test or treatment may ultimately prevent research projects getting started, as individual components are protected by different patent owners. This book examines legal measures which might be used to solve the problem of fragmentation of patents in genetics.
Download or read book Gene Patents and Collaborative Licensing Models written by Geertrui Van Overwalle and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Concerns have been expressed that gene patents might result in restricted access to research and health care. The exponential growth of patents claiming human DNA sequences might result in patent thickets, royalty stacking and, ultimately, a 'tragedy of the anti-commons' in genetics. The essays in this book explore models designed to render patented genetic inventions accessible for further use in research, diagnosis or treatment. The models include patent pools, clearing house mechanisms, open source structures and liability regimes. They are analysed by scholars and practitioners in genetics, law, economics and philosophy. The volume looks beyond theoretical and scholarly analysis by conducting empirical investigation of existing examples of collaborative licensing models. Those models are examined from a theoretical perspective and tested in a set of operational cases. This combined approach is unique in its kind and prompts well founded and realistic solutions to problems in the current gene patent landscape. • Descriptions of major models currently used to deal with patent thickets enable the reader to develop a complete view of the models and evaluate existing operational examples • Case studies describe how each model functions, and the critical evaluations enable the reader to compare the advantages and disadvantages of the various models • Concluding chapters analyse and compare solutions put forward by the various authors, thereby examining openings for the future.
Download or read book Kritika Essays on Intellectual Property written by Peter Drahos and published by Edward Elgar Publishing. This book was released on 2015-09-25 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: The field of intellectual property has broadened and deepened in so many ways, and at such pace, that there is a tendency for academic commentators to focus on the next new thing, or to react immediately to judicial developments, rather than to reflect more deeply on the greater themes of the discipline. The Kritika: Essays on Intellectual Property series is a series of books that are designed to fulfill this role by creating a forum for essays that take a critical, long-term approach to the field of intellectual property. Breaking down the barriers of specialization, and laying the foundation for an emergent critical scholarship, this first book in the series brings together the leading scholars in the field to reflect deeply on the current state and future of their discipline.
Download or read book Individualism and Collectiveness in Intellectual Property Law written by Jan Rosén and published by Edward Elgar Publishing. This book was released on 2012 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title embraces fundamental, eternal and yet very contemporary elements in IP law dealt with in all parts of the world.
Download or read book The Law and Theory of Trade Secrecy written by Rochelle C. Dreyfuss and published by Edward Elgar Publishing. This book was released on 2011 with total page 639 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely Handbook marks a major shift in innovation studies, moving the focus of attention from the standard intellectual property regimes of copyright, patent, and trademark, to an exploration of trade secrecy and the laws governing know-how, tacit knowledge, and confidential relationships. The editors introduce the long tradition of trade secrecy protection and its emerging importance as a focus of scholarly inquiry. The book then presents theoretical, doctrinal, and comparative considerations of the foundations of trade secrecy, before moving on to study the impact of trade secrecy regimes on innovation and on other social values. Coverage includes topics such as sharing norms, expressive interests, culture, politics, competition, health, and the environment. This important Handbook offers the first modern exploration of trade secrecy law and will strongly appeal to intellectual property academics, and to students and lawyers practicing in the intellectual property area. Professors in competition law, constitutional law and environmental law will also find much to interest them in this book, as will innovation theorists.
Download or read book Patenting Biotechnical Innovation written by Hawkins, Naomi and published by Edward Elgar Publishing. This book was released on 2022-07-08 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines patent law and policy in biotechnology across the full lifecycle of the patent, focusing on the patent bargain and the public interest. It considers the central issues of how to strike an effective balance of rights, and whether public interest is adequately safeguarded - two issues that are particularly important in areas of rapidly emerging technology.
Download or read book Concepts of Property in Intellectual Property Law written by Helena Howe and published by Cambridge University Press. This book was released on 2013-09-26 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intellectual property law faces the challenge of balancing the interests of right holders and users in the face of technological change and inequalities in information access. Concepts of Property in Intellectual Property Law offers a collection of essays which reflect on the interaction between intellectual property and broader, more traditional, notions of property. It explores the way in which differing interpretations of the concept of property can affect the scope of protection in the law of copyright, patent, trade marks and confidential information. With contributions from leading and emerging scholars from a variety of jurisdictions, the book demonstrates how concepts of property can assist in shaping a conceptually coherent and balanced response to the challenges faced by intellectual property law.
Download or read book Innovation Competition and Collaboration written by Dana Beldiman and published by Edward Elgar Publishing. This book was released on 2015-06-29 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: As innovation processes become increasingly collaborative, new relationships among players in the innovation space emerge. These developments demand new legal structures that allow horizontally integrated, open and shared use of intellectual property (
Download or read book Mechanisms to Enable Follow On Innovation written by Alina Wernick and published by Springer Nature. This book was released on 2021-05-13 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: The patent system is based on "one-patent-per-product" presumption and therefore fails to sustain complex follow-on innovations that contain a number of patents. The book explains that follow-on innovations may be subject to market failures such as hold-ups and excessive royalties. For decades, scholars have debated whether the market problems can be solved with voluntary licensing i.e., open innovation, or with compulsory liability rules. The book concludes that neither approach is sufficient. On the one hand, incentives to engage in open innovation practices involving patents are insufficient. On the other hand, the existing compulsory liability rules in patent and competition law are not tailored to address follow-on innovator's interests. To transcend this problem, the author proposes a compulsory liability rule against the suppression of follow-on innovation, that paradoxically, fosters early-on voluntary licensing between patent holders and follow-on innovators. The book is aimed at patent and competition law scholars and practitioners, patent attorneys, managers, engineers and economists who either engage in open innovation involving patents or conduct research on the topic. It also offers insights to policy and law-makers reviewing the possibilities to foster open innovation initiatives or adapt the scope of patent remedies or employ compulsory licenses for patents.
Download or read book Technologie et concurrence Technology and Competition written by Josef Drexl and published by Armando Editore. This book was released on 2009 with total page 774 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hanns Ullrich, this highly renowned legal scholar, has had a tremendous influence on legal research and the development of the law in the fields of both Technology and Competition. His expertise dates back to the late 1970s and early 1980s, when he served as a member of the research staff at the Max Planck Institute for Intellectual Property in Munich. In 1985, he became professor of law at the "Universität der Bundeswehr", Munich, and finally, in 2000, professor at the european University Institute, florence. He has acted as visiting professor at a number of Universities around the worldincluding, in particular, the College of Europe, Bruges. The authors of the contributions in this book feel greatly indebted to Hanns Ullrich. Much earlier than others, he recognised and explained that, in the absence of pressure from competition, intellectual property will not be able to fulfil its mission of enhancing innovation. In concentrating on the fields of interest of this eminent scholar, the contributions address a number of the most burning issues of the regulation of intellectual property, competition law and, of course, the application of competition law to IP-related cases.
Download or read book European Patent Law written by Duncan Matthews and published by Walter de Gruyter GmbH & Co KG. This book was released on 2023-10-04 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive overview of European Patent Law. It presents a critical analysis of the European patent law system and the proposed changes to it. The book explores the strengths and weaknesses of the European Patent Convention, and the interaction between the national and the European level, as well as across borders.
Download or read book Kritika Essays on Intellectual Property written by Ghidini, Gustavo and published by Edward Elgar Publishing. This book was released on 2021-11-17 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fields of intellectual property have broadened and deepened in so many ways that commentators struggle to keep up with the ceaseless rush of developments and hot topics. Kritika: Essays on Intellectual Property is a series that is designed to help authors escape this rush. It creates a forum for authors who wish to more deeply question, investigate and reflect upon the evolving themes and principles of the discipline.
Download or read book Biotechnological Inventions and Patentability of Life written by Andrea Stazi and published by Edward Elgar Publishing. This book was released on 2015-05-29 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: In todayês technological world, biotechnology is one of the most innovative and highly invested-in industries for research, in the field of science. This book analyses the forms and limitations of patent protection recognition for biotechnological inve
Download or read book Liability Rules in Patent Law written by Daniel Krauspenhaar and published by Springer. This book was released on 2014-10-06 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: The primary purpose of a patent law system should be to enhance economic efficiency, in particular by providing incentives for making inventions. The conventional wisdom is that patents should therefore be strictly exclusive rights. Moreover, in practice patent owners are almost never forced to give up their right to exclude others and receive only a certain amount of remuneration with, for instance, compulsory licensing. Other economically interesting patent-law objectives, however, include the transfer and dissemination of knowledge. Mechanisms exist by which the patent owner decides if he or she would prefer exclusive or non-exclusive rights, for instance the opportunity to declare the willingness to license and create patent pools. But it is questionable whether these mechanisms are sufficient and efficient enough in view of the existence of patent trolls and other problems. This work challenges the conventional wisdom to a certain extent and makes proposals for improvements.
Download or read book Handbook of Intellectual Property Research written by Irene Calboli and published by Oxford University Press. This book was released on 2021 with total page 913 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The relevance of intellectual property (IP) law has increased dramatically over the last several years. Globalization, digitization, and the rise of post-industrial information-based industries have all contributed to a new prominence of IP law as one of the most important factors in driving innovation and economic development. At the same time, the significant expansion of IP rules has impacted many areas of public policy such as public health, the environment, biodiversity, agriculture, information, in an unprecedented manner. The growing importance of IP law has led to an exponential growth of academic research in this area. This Book offers a comprehensive overview of the methods and approaches that can be used to address and develop scholarly research questions related to IP law. In particular, this Book aims to provide a useful resource that can be used by IP scholars who are interested in expanding their expertise in a specific research method or seek to acquire an understanding of alternative lenses that could be applied to their research. Even though this Book does not claim to include all existing research methodologies, it represents one of the largest and most diverse compilations, which has been carried out to date. In addition, the authors of this Book comprise an equally diverse group of scholars from different jurisdictions, backgrounds, and legal traditions. This diversity, both regarding the topics and the authors, is a fundamental feature of the Book, which seeks to assist IP scholars worldwide in their research journeys." --
Download or read book Common Pools of Genetic Resources written by Evanson Chege Kamau and published by Routledge. This book was released on 2013-07-18 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Convention on Biological Diversity (CBD) strives for the sustainable and equitable utilization of genetic resources, with the ultimate goal of conserving biodiversity. The CBD and the Nagoya Protocol which has since been elaborated suggest a bilateral model for access to genetic resources and the sharing of benefits from their utilization. There is concern that the bilateral exchange "genetic resource for benefit sharing" could have disappointing results because providers are left out of the process of research and development, benefits are difficult to be traced to sources, and providers owning the same resource may complain of being excluded from benefit sharing. Thus, the CBD objective of full utilization and equitability may become flawed. Common Pools of Genetic Resources: Equity and Innovation in International Biodiversity Law suggests common pools as a complementary approach to bilateralism. This is one of the first books to reply to a number of complex legal questions related to the interpretation and implementation of the Nagoya Protocol. Taking an inductive approach, it describes existing pools and analyzes how they are organized and how they perform in terms of joint R&D and benefit sharing. It presents case studies of the most characteristic types of common pools, provides suggestions for further developing existing pools to cope with the requirements of the CBD and NP and, at the same time uses the clauses these conventions contain to open up for commons approaches. Written by a team of expert academics and practitioners in the field, this innovative book makes a timely and valuable contribution to academic and policy debates in international environmental law, international biodiversity law, intellectual property law, climate law and the law of indigenous populations.
Download or read book User Generated Law written by Thomas Riis and published by Edward Elgar Publishing. This book was released on 2016-07-27 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: Engaging and innovative, User Generated Law offers a new perspective on the study of intellectual property law. Shifting research away from the study of statutory law, contributions from leading scholars explore why and how self-regulation of intellectual property rights in a knowledge society emerges and develops. Analysing examples of self-regulation in the intellectual property law based industries, this book evaluates to what extent user generated law is an accurate model for explaining and understanding this process.
