Patenträtt
594 produkter
594 produkter
1 440 kr
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Patent Portfolio Management
A Practical Guide in the Age of Artificial Intelligence: Second Edition
Häftad, Engelska, 2025
789 kr
Skickas inom 7-10 vardagar
This thoroughly revised and updated Second Edition of Patent Portfolio Management provides companies with an essential guide to improving the management of their patents. It empowers IP and patent departments to extract the most value from their patent portfolio to maximise business potential.Key Features:*NEW* AI Insights*NEW* Automation Highlights*NEW* Data-driven tendering of patent agents*NEW* Decision-making flowchart for opting-in/out of the Unitary Patent and Unified Patent Court*EXPANDED* Patent strategy positions*EXPANDED* Checklists and points awarded in reviews of patent agents*EXPANDED* Inventor review questionnaires*EXPANDED* Patent scorecardSetting out time-tested best practices alongside ground-breaking methods applicable to all industries, this Practical Guide is an essential resource for those leading IP and patent departments, as well as patent attorneys and IP and law firms providing client advice.
Reclaiming the Commons
Biodiversity, Traditional Knowledge, and the Rights of Mother Earth
Häftad, Engelska, 2020
141 kr
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Reclaiming the Commons: Biodiversity, Traditional Knowledge, and the Rights of Mother Earth lays out the scientific, legal, political, and cultural struggle to defend the sovereignty of biodiversity and indigenous knowledge.Two decades ago, at the height of globalization, there was an attempt by corporations, and the countries which represent their interests, to privatize and enclose our biological and intellectual commons. The result of this effort has become the massive destabilization of communities all over the world with the expansion of patents and intellectual property rights into the domain of biodiversity.Today, there is a renewed attempt by global corporations to establish a regime in which biological and intellectual resources flow freely from poor countries to rich ones; and from the poorest communities to the richest corporations, with-out regulation. Reclaiming the Commons details the thirty-year cultural, political, scientific, and legal journey to protect biodiversity and indigenous knowledge from the unethical framework corporations impose on humankind in order to lay claim to life on Earth.Vandana Shiva masterfully articulates the devastation this corporate greed has inflicted not only on agricultural communities, but on our planet and our very existence. Ultimately, she poses that the recovery of the commons is essential in restructuring our society into one that can flourish, while protecting and honoring all life on Earth. This, she says, lies in the collective recognition of common creativity and the rediscovery of our place within Nature.
294 kr
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Skriv din patentansökan själv, det tjänar du på! Förutom att spara dyra konsultpengar så gör ofta skrivprocessen idén starkare.
När Jan Berglund hade skrivit runt 25 patentansökningar,själv eller tillsammans med ombud, skrev han den här boken för att hjälpa alla som har en bra idé men saknar nödvändigt kapital. I boken får du tips, varningar för risker, exempel på patentansökningar och uppskattningar av hur mycket pengar du sparar på att skriva själv. Stor vikt läggs på skapandet av patentkraven, själva hjärtat i en ansökan.
Dessutom får du reflektioner runt idéskapandet och de kreativa miljöernas känslighet. Och om den lustfyllda delen av processen, det som gör oss kreativa. När du arbetar fram en patentansökan tvingas du gå igenom din idé väldigt noga, vilket i sin tur antingen leder till en ännu bättre patenterbar uppfinning eller en idé som spricker i ljuset. I båda fallen har du dock sparat pengar genom att skriva själv. Och dessutom fått nöjet att ägna dig åt en intellektuellt stimulerande uppgift.
Hur gick det då för Jan Berglunds 25 patentansökningar?Jo, tolv har blivit godkända patent och för sju av dessa är han ensam uppfinnare. Jan Berglund har varit uppfinnare och mekanisk konstruktör i snart 30 år, varav de senaste 15 som konsult. Han har även arbetat som patentansvarig.
Sagt om boken:"Från idé till patent - Skriv din egen patentansökan är en utmärkt bok för den som själv vill skriva sina patentansökningar eller vill förstå hur processen går till [...] Boken är trevligt och lättförståeligt skriven och innehåller många utmärkta exempel. Betyg: 4 - Mycket bra."Michaël Norberg, BTJ
872 kr
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Since its passage in 2011, the Leahy-Smith America Invents Act ("AIA") has brought many significant changes to U.S. patent law. Accordingly, to assist readers in developing an in-depth understanding of these changes, the America Invents Act Primer provides discussions of each and every one of the AIA's substantive provisions. More specifically, and whenever possible, each discussion of the AIA's provisions includes the following key features:
An identification of the AIA section's effective date, including the statutory basis for such dates; A direct comparison of relevant pre- and post-AIA statutes; An analysis of the similarities and differences between pre- and post-AIA statutes; A discussion of the legislative goals that were addressed by the AIA section; and An analysis of the practical implications of the changes made by the AIA section.
The America Invents Act Primer additionally highlights a number of free resources that can be utilized by readers to attain a deeper understanding of the AIA, including resources that explain how the U.S. Patent and Trademark Office is applying the new law.
Overall, the America Invents Act Primer provides a unique and practical desk reference on the AIA that is sure to be useful for years to come.
An identification of the AIA section's effective date, including the statutory basis for such dates; A direct comparison of relevant pre- and post-AIA statutes; An analysis of the similarities and differences between pre- and post-AIA statutes; A discussion of the legislative goals that were addressed by the AIA section; and An analysis of the practical implications of the changes made by the AIA section.
1 690 kr
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This book proposes an approach to the patent-competition interface for developing countries. It puts forward a theoretical framework after canvassing relevant policy considerations and examines the many reasons why patent protection is not essential for generating innovation incentives in developing countries. These include the tendency of the patent system to overcompensate innovators, the availability of other appropriation mechanisms for innovators to monetize their innovations, and the lack of appropriate technological capacity in many developing countries to take advantage of the incentives generated by the patent system. It also argues that developing countries with a small population need not pay heed to the impact of their patent system on the incentives of foreign innovators. It then proposes a classification of developing countries into production countries, technology adaptation countries, and proto-innovation countries and argues that dynamic efficiency considerations take on different meanings for developing countries depending on their technological capacities. For the vast majority of developing countries bereft of meaningful innovation capacity, foreign technology transfer is the main vehicle for technological progress. The chief dynamic policy consideration for these countries is hence incentives for technology transfer instead of innovation incentives. There are three main means of voluntary technology transfer: importation of technological goods, foreign direct investment, and technology licensing. Competition law regulation of patent exploitation practices interacts with these three means of technology transfer in different ways and an appropriate approach to the patent-competition interface for these countries needs to take these into account. Distilling all these considerations, the book proposes a development stage-specific approach to the patent-competition interface for developing countries. The approach is then applied to a number of patent exploitation practices, including unilateral refusal to deal, patent tying, excessive pricing for pharmaceuticals, reverse payment settlements, and restrictive licensing practices.
Developments and Directions in Intellectual Property Law
20 Years of The IPKat
Inbunden, Engelska, 2023
1 783 kr
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Developments and Directions in Intellectual Property Law celebrates the 20th anniversary of award-winning intellectual property (IP) blog, The IPKat, originally founded in 2003. Over the past two decades, The IPKat has covered and commented on several of the most topical developments in the IP field from substantive, practical, and policy standpoints. Today, The IPKat is considered the “Most Popular Intellectual Property Law Blawg” of all time (source: Justia) and its readers are academics, members of the judiciary, policy and law-makers, practitioners, and students from all over the world. By bringing together several of the current and past contributors to The IPKat, this book reflects on the developments and directions that have emerged in the IP field over the past twenty years. Topics covered include changes within substantive IP rights, as well as IP law, policy, and practice broadly intended and from a global perspective. From copyright to trade marks, patents to designs, image and publicity rights to geographical indications, and developments in IP practice and the court system to contract drafting, readers of this book will find expert insights into some of the most notable developments in IP since the inception of The IPKat blog.
599 kr
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Developments and Directions in Intellectual Property Law celebrates the 20th anniversary of award-winning intellectual property (IP) blog, The IPKat, originally founded in 2003. Over the past two decades, The IPKat has covered and commented on several of the most topical developments in the IP field from substantive, practical, and policy standpoints. Today, The IPKat is considered the “Most Popular Intellectual Property Law Blawg” of all time (source: Justia) and its readers are academics, members of the judiciary, policy and law-makers, practitioners, and students from all over the world. By bringing together several of the current and past contributors to The IPKat, this book reflects on the developments and directions that have emerged in the IP field over the past twenty years. Topics covered include changes within substantive IP rights, as well as IP law, policy, and practice broadly intended and from a global perspective. From copyright to trade marks, patents to designs, image and publicity rights to geographical indications, and developments in IP practice and the court system to contract drafting, readers of this book will find expert insights into some of the most notable developments in IP since the inception of The IPKat blog.
1 280 kr
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The Development Agenda is the result of the recent campaign to ensure that the intellectual property treaty regime permits -- and, indeed, empowers -- developing countries to tailor their intellectual property laws as they deem necessary to promote development and serve the welfare of their citizens. The Agenda's adoption by the World Intellectual Property Organization (WIPO) in September 2007 was an historic watershed for that UN agency, which has long viewed its mandate as the unabashed promotion of greater intellectual property rights throughout the world. Written by some of the world's leading IP scholars, Neil W. Netanel has edited this compilation of articles in order to examine the Development Agenda and the broader issues it touches upon. Contributors include leading scholars from various disciplines, including economics, political science, and law, and from countries at various stages of development, including China, India, Brazil, Argentina, Chile, Nigeria, Egypt, and Israel, in addition to the US, Canada, and EU. They also include experts from NGO-think tanks, UNCTAD, and the two Brazilian diplomats who were the leading advocates of the Development Agenda's adoption.
2 819 kr
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Publishing continues to be a major industry worldwide, and this book is designed to assist the thousands of entities that regularly contract into a variety of agreements and need advice in drafting or negotiating the best terms for a deal, or otherwise employing or understanding specific terms used. This book-written and compiled by the in-house counsel of a major publishing house-offers more than 80 forms and templates of all of the major agreements regularly encountered by a publishing company, with strategic commentary on their use. Topics covered include book publishing, periodical publishing, electronic publishing, litigation/litigation avoidance, e-commerce and permissions/subsidiary rights. Each chapter begins with introductory text setting forth key issues and other insights, and then presents the related forms, which in turn are accompanied by drafting and negotiating tips. An accompanying CD-ROM to the book contains all of the forms in electronic format, which can easily be modified for the customer's use.
2 183 kr
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The GDP of the United Arab Emirate's (UAE) economy is reported to have grown 35% in 2006, making it one of the fastest growing economies in the world. This has attracted unprecedented levels of foreign investment, which has resulted in efforts to bring its intellectual property laws into line with international standards. However, reliable copies of the IP laws and regulations of the UAE (which are written in Arabic) can be difficult to obtain, much less understand, for most Western attorneys. Quality English translations, interpretations of the law, and commentaries on practice are almost non-existent. Intellectual Property Law and Practice of the United Arab Emirates is the first book to address these problems by providing reliable copies of the Arabic laws and regulations, intelligent translations of them, and a discussion of issues arising in the application and practice of the law. This book will give practitioners the ability to better assess the IP problems they face and to devise the best possible strategic solutions.
99 kr
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We all create intellectual property. We all use intellectual property. Intellectual property is the most pervasive yet least understood way we regulate expression. Despite its importance to so many aspects of the global economy and daily life, intellectual property policy remains a confusing and arcane subject. This engaging book clarifies both the basic terms and the major conflicts surrounding these fascinating areas of law, offering a layman's introduction to copyright, patents, trademarks, and other forms of knowledge falling under the purview of intellectual property rights. Using vivid examples, noted media expert Siva Vaidhyanathan illustrates the powers and limits of intellectual property, distilling with grace and wit the complex tangle of laws, policies, and values governing the dissemination of ideas, expressions, inventions, creativity, and data collection in the modern world.Vaidhyanathan explains that intellectual property exists as it does because powerful interests want it to exist. The strongest economies in the world have a keen interest in embedding rigid methods of control and enforcement over emerging economies to preserve the huge economic interests linked to their copyright industries-film, music, software, and publishing. For this reason, the fight over the global standardization of intellectual property has become one of the most important sites of tension in North-South global relations. Through compelling case studies, including those of Starbucks, Coca-Cola, Sony, Amazon, and Google Books, Vaidhyanathan shows that the modern intellectual property systems reflect three centuries of changes in politics, economics, technologies, and social values. Although it emerged from a desire to foster creativity while simultaneously protecting it, intellectual property today has fundamentally shifted to a political dimension.
Access to Medicine in the Global Economy
International Agreements on Patents and Related Rights
Inbunden, Engelska, 2011
1 072 kr
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Access to medicine is a topic of widespread interest. However, some issues that impact such access are presently inadequately understood. In particular, international laws require most nations to provide patents on drugs, resulting in premium prices that limit access. In Access to Medicine in the Global Economy, Professor Cynthia Ho explains such laws and their impact for a diverse group of readers, from scholars and policy makers to students in a variety of disciplines. This book explains and interprets important international agreements, beginning with the landmark Agreement on Trade Related Aspects of Intellectual Property (TRIPS), but also including more recent free trade agreements and the pending Anti-Counterfeiting Trade Agreement (ACTA). Professor Ho addresses controversial topics, such as when a nation can provide a compulsory license, as well as whether a nation may suspend in-transit generic goods. The book also discusses how patent-like rights (such as "data exclusivity") prevent lower-cost generic medicines from entering into the marketplace and provides strategies for minimizing the harm of such rights. Clear explanations and diagrams, frequently asked questions, and case studies make these topics accessible to any reader. The case studies also provide a theory of patent perspectives that helps explain why access to medicine, though a universal goal, remains elusive in practice. The book aims to provide an important first step toward eventual workable solutions by promoting a better understanding of existing and future laws that impact access to medicine.
3 260 kr
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Plant intellectual property law is a complex proposition which stands apart from other intellectual property endeavours, and this book seeks to elucidate on the key issues involved. This work encompasses aspects of plant innovation and related law in the US and overseas providing a global perspective. Full treatment is given to the legal and technological framework; intellectual property regimes of importance in plant breeding; formal grants of rights under plant variety protection schemes; plant and utility patent regimes and trade mark regimes. Antitrust restrictions on intellectual property licensing and international regulations on plant genetic resources are also covered in detail. All this ensures this text guarantees a comprehensive collection of all useful materials. Written by an expert team of both academics and practitioners, this book is the first to provide unique practical analysis on the creation and implementation of specialised, plant-specific intellectual property regimes.
1 783 kr
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Although the law on infringement is relatively straightforward in relation to thecopying of literal and textual elements of software, it is the copying of non-literaland functional elements that poses complex and topical questions in the contextof intellectual property (IP) protection. In many cases, it is these non-literal andfunctional elements that contain the real value of a software product. This bookconcerns the copying of non-literal and functional elements of software in boththe United States and European Union, using a holistic approach to address themost topical questions facing experts concerned with legal protection of softwareproducts across a range of technological platforms.The book focuses on six distinct but interrelated areas: contract, copyright, patents,trade-dress, designs and trade secrets, discussing these areas separately and inrelation to one another. The book discusses software as a multilayered functionalproduct, setting the scene for other legal discussions by highlighting software'sunique characteristics. It examines models for the provision of software, addressinglicensing patterns and overall enforceability, as well as the statutory and judicialtools for regulating the use of such licences. It assesses the protection of non-literaland functional software elements under EU and US laws, focusing on internalarchitecture, interfaces, behavioural elements and GUIs.
5 249 kr
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European pharmaceutical law can be a minefield, due to the peculiarities of the European single market, the complexity of contemporary issues, and the rapid pace of scientific advancement. This book offers a comprehensive and in-depth analysis of EU pharmaceutical law, including expert perspectives on the most cutting-edge and contentious legal issues faced by the industry today. It provides analytical and informed discussion of legislation and jurisprudence relevant to the entire lifecycle of pharmaceutical and biopharmaceutical products. This is supported by case studies and incisive commentary to give a full understanding of the controversial policy considerations which shape interpretation of the law in practice. The legislation does not always provide answers, and the book adopts a creative approach which addresses both what the law says and what the law does not say.Written by a team of experts in the field, Navigating European Pharmaceutical Law is an accessible guide for those new to the field, and an invaluable resource for experienced practitioners advising on critical and topical issues.
2 819 kr
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The rise of China's economy has led to a substantial increase in disputes involving intellectual property rights, including patents. Not only are foreign companies suing domestic companies and vice versa, but patent disputes between foreign companies are also being litigated in the Chinese courts. The first edition of Patent Litigation in China provided practitioners from outside China with an essential guide to litigating patents in China. This edition offers many of the same features, including a strategic commentary to enable those contemplating or involved in patent litigation in China to better comprehend the risks and challenges they face, sections on invalidation procedures, evidence gathering, litigation strategy and procedure and defences and remedies, and coverage of the tests for patentability requirements and grounds for invalidating patents.In addition, this edition has been updated to take into account the enactment of the new civil procedure law, a number of new judicial interpretations, and significant developments in case law. New features of the work include an additional chapter on the conflict between competition law and patent law, a new chapter on employee remuneration litigation, and case studies of leading cases being inserted into the body of the text. Appendices include Chinese to English translations of the Patent Law of the People's Republic of China; Implementing Regulations of the Patent Law; and a Judicial Interpretation in relation to patent cases issued by the Supreme People's Court.
1 360 kr
Kommande
This book offers a practical and comprehensive guide to using the European patent system. Focusing on both substantive law and procedure in the United Kingdom and Germany, it sets out an in-depth framework for both of these major jurisdictions in patent litigation. The first part of the book deals with obtaining European patents, and offers an overview of the patent system, discussion of patentability at the European Patent Office (EPO), absolute novelty and the priority system, filing a European patent application, procedural aspects of search and examination, grant and validation, and oppositions. The second part addresses enforcing and attacking European patents in national courts, including an overview of patent litigation in Europe and jurisdictional issues across the member states; this is followed by a thorough comparative survey of patent law in the two most influential jurisdictions, Germany and the UK. Finally, the book addresses the proposed Unitary Patent Court, including the balance between the central division and local or regional divisions. Combining detailed theoretical discussion with expert practical guidance, this is an essential reference source for those seeking to navigate the field of European patent law.
4 035 kr
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Patents lie at the heart of modern competition policy. In the new economy, firms use them variously to protect their R&D, to bolster their market positions, and to exclude rivals. Antitrust enforcers thus scrutinize patentees to ensure that they do not use their intellectual-property rights to suppress competition. Today's antitrust lawyers must therefore navigate intellectual-property issues and advise clients on the procurement and assertion of patents. It is no easy task. In granting exclusive rights, patents have an uneasy relationship with competition law, which struggles in turn to apply policies developed in bricks and mortar industries to the world of technology. This book explores the acquisition and use of patents under the law of the world's two most important antitrust regimes: the United States and the European Union. It examines antitrust rules governing technology transfer, standard-essential technologies, patent aggregation, open and closed systems, coercive licensing terms that amount to misuse, evergreening tactics in the pharmaceutical industry like 'paying for delay', and patentee immunity in suing for infringement. To contextualize that analysis, the book explores the theoretical relationship between patents and competition law, addresses the U.S. 'patent crisis', the move towards unitary patents in Europe, and differences between the US and EU competition regimes. Further, the book explores idiosyncrasies governing the core antitrust questions of market definition, market power, and anticompetitive conduct in the patent setting. In doing so, the book allows those who practice, enforce, teach, or study competition law to understand the subtleties of this fascinating subject.
2 215 kr
Kommande
This book provides a focused and detailed discussion of one specific type of intellectual property (IP) transaction: the patent and know-how licence agreement. It analyses and explains the legal and practical issues that arise when drafting, negotiating, and advising on this kind of agreement. The work discusses issues of law and practice relevant to international IP licensing, including how IP laws, general property laws and contract laws together affect the drafting and interpretation of licence agreements. It also evaluates the role of other areas of law, such as data protection and privacy, competition law, insolvency, and sale-of-goods law. The first part of the book provides an overview of patent and know-how licence agreements, including international business practice and trends, valuation of technology and financial terms, key elements of licence agreements, and how they differ from other IP transactions. Later chapters examine in detail the terms commonly found in patent and know-how licence agreements, and each chapter includes samples of wording to illustrate the points under discussion. The work focuses on English and European Union-wide law, considering selected differences between English law and the law in other jurisdictions, such as the United States, to illustrate the different approaches the court may take on particular issues. Drafting Patent and Know-how Licence Agreements is an authoritative and practical guide to this area of law, providing detailed coverage of points that the legal practitioner should consider when drafting this kind of agreement.
1 359 kr
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The relevance of intellectual property 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, and 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 could be used as guidelines to address and develop scholarly research questions related to intellectual property law. In particular, this volume aims to provide a useful resource that can be used by IP researchers 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. This edited collection is one of the largest compilations, to date, of existing methods and approaches from different lenses, perspectives, and experiences from a diverse group of scholars who derive from a wide range of countries, backgrounds, and legal traditions. This diversity, both regarding the topics and the authors of the contributions, is a fundamental feature of this collection, which seeks to assist IP researchers across many countries in the developing and developed world. This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is offered as a free PDF download from OUP and selected open access locations.
1 316 kr
Kommande
Patents play an important role in inducing the investment needed to transform basic discoveries into the practical innovations that contribute to long-term economic growth. But patents also can generate a variety of social costs which, if unchecked, can unnecessarily impede competition, inhibit innovation, impair the integrity of the marketplace, and reduce overall social welfare. Wrongful Patent Assertion provides the first comprehensive, comparative overview of how the world's leading jurisdictions for patent litigation employ different bodies of law and legal doctrines-including antitrust and unfair competition law, as well as other generally-applicable legal principles-to regulate the enforcement of patent rights, and how these efforts might be improved. Among the topics discussed are the circumstances under which owners are or should be liable for the actual or threatened enforcement of patent rights; what sort of harms should matter in assessing liability; and the circumstances under which liability should depend, in whole or in part, upon the patent having been adjudicated invalid or not infringed ex post, or upon evidence that the assertion of rights enables the owner to extract benefits beyond the patent's probable ex ante scope; or alternatively, upon some reason independent of the patent's actual or probable validity or infringement.
807 kr
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Intellectual property rights (IPRs) are increasingly significant elements of economic policy: they are vital to developed countries in an age of global trade. Today's astounding new technologies, stemming from the digital and biotechological revolutions are creating new problems. William Cornish focusses upon the major dilemmas that currently enmesh the subject: the omnipresent spread of IPRs across some recent technologies, the distraction caused by rights that achieve little of their intended purpose, and the seeming irrelevance of IPRs in the face of new technologies such as the internet. What IPRs are good for, and what they should achieve depends upon the law which defines them. There is great international, as well as national pressure for new laws, and in Europe, the EU is now the dominant force in shaping IP policy. Against this background, William Cornish surveys current arguments over legal policy in this field. How can the the issues raised by advances in human genetics be reconciled with the potential for diagnostic and therapeutic advances, and the patenting of molecules, genes, and even organisms by biotechnology and pharmaceutical companies? How can this new field be fairly protected through the existing requirements of patent law; and who should be responsible for effecting this result?Copyright is the traditional buttress of publishing, computer programming, and record and film production. It now faces a life-sapping threat from free and ready access to material via the Internet and other digital resources. How can a mixture of legal rights and technological barriers to access give reasonable protection to investment in new intellectual products without becoming an inordinate instrument of control?Trade marks are the crux of branding: a cornerstone of marketing that often eclipses even the very things being sold. How can we reconcile the tension between those intent on legal protection for every element of investment in branding, and those concerned to balance freedom to compete against the drive for 'fair trading'?
1 440 kr
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The Requirement for an Invention in Patent Law provides a critical analysis of legal conceptions of the invention in UK patent law and under the European Patent Convention. Dr Justine Pila brings to this text her extensive experience in intellectual property law.A central theme of the book is that the requirement for an invention, properly construed, sets the boundaries of the patent system in two ways. The first is by defining the categories of subject matter capable of supporting a patent, and the second is by restricting the protection conferred by a patent to individual subject matter conceived qua invention. In serving these functions, the requirement for an invention helps to fulfil the public benefit objectives of the patent system by mediating the balance struck by patents between individual patentees and the public. This book offers an analysis of legal conceptions of the invention in UK patent law and their development from before the first patent legislation of 1623 through the patent system's recent phase of Europeanisation. It includes a detailed study of the contemporary (EPC) requirement for an invention and its construction by the European Patent Office, and an analysis of the legal and policy issues which that construction raises. It also places the UK and EPC law in its interpretive context, including its international statutory context, and offers a detailed account of international law-making in the field of patents. The Requirement for an Invention in Patent Law is an indispensible reference text for students and academics of intellectual property law in general and contemporary patent law in particular, and will appeal to anyone interested in Europeanisation, international patent law and harmonisation, and the history of the UK patent system. Its elucidation of this complex area also makes it an excellent guide for practitioners.
2 178 kr
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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.
2 999 kr
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Stem cell research, and particularly embryonic stem cell research, whilst offering the prospect of developing theories for serious life-threatening diseases, also raises a number of difficult and controversial moral questions. This is reflected in a variety of moral perspectives and regulatory regimes, already adopted or in the process of being developed, in EU Member States. In particular the "moral exclusion" clause in Article 6 of the EC Directive on the legal protection of biotechnological inventions has created much uncertainty in this field.This collection of original essays provides comprehensive analysis of the EU patent system as applied to biotechnological inventions and particularly stem cell research, dealing with the overlapping EPC, EU, international and national law regimes bearing on the exclusion of patents in a morally fragmented and contested field. In this multidisciplinary study, the editors aim to clarify the legal scope of Article 6, which they deem essential for the fostering of research and investment in Europe, whilst ensuring that such research is conducted within clear ethical limits which address the concerns of society. As well as a complete overview of the application of the European patent law in the field of human embryonic stem cells, topics covered include legal and philosophical accounts of the boards of the European Court of Justice and European Patent Offices' reasoning in the leading litigated cases, as well as the institutional tensions between national and transnational European research and patent regimes. With its broad research in the fields of patent law, ethics and philosophy, the book analyses a wide range of issues in a way no other book has previously done and suggests solutions to unblock the current stalemate surrounding the patentability of human embryonic stem cell related inventions. The book will be welcomed by a broad readership, including experts and academics in both ethical and legal disciplines as well as policy makers and regulators in the field of embryonic stem cell research in Europe.
679 kr
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The international trading system has come under increasing attack by activists as being in conflict with human rights law. Others have defended the system as contributing more to the fulfilment of human rights than many other areas of international law. This study examines the alleged conflict of WTO law with international human rights law, using one of the most prominent examples of such a conflict: that between international patent law, ie the TRIPS Agreement, and access to medication as guaranteed eg by the International Covenant on Economic, Social and Cultural Rights. This highly controversial political issue of the appropriate use of international patent law on life saving medicines gained the world's attention during the discussion about the price of AIDS medication, but recent instances also include the availability of the patented medication for bird flu and for anthrax. The book discusses both the patent law and the international human rights law involved in great depth, distinguishing between obligations under different human rights instruments and including a highly readable introduction into both areas of law. It 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'. 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 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.
3 685 kr
Skickas inom 5-8 vardagar
The Reports of Patent, Design and Trade Mark Cases Bound Volume, published on behalf of the UK Intellectual Property Office, includes each case reported on in the Reports of Patent, Design and Trade Mark Cases journal in 2009.Containing the definitive text of carefully selected key decisions and judgments and a full cumulative index, the Reports of Patent, Design and Trade Mark Cases Bound Volume is an essential reference for solicitors, barristers, judiciary, patent attorneys and trade mark attorneys. Each case is accompanied by a headnote written by Mary Vitora QC, drawing together and analysing the important aspects of the case. The headnotes provide key words, summaries of facts and judicial findings, lists of cases and legislation considered and the names of instructed counsel and solicitors.The Reports of Patent, Design and Trade Mark Cases journal contains only the most important intellectual property decisions and this unique Bound Volume draws all of these together in a single, comprehensive and tidy resource.Contents ListAvon Gripster Trade Mark Blacklight Power Inc v Comptroller-General of Patents Directmedia Publishing Gmbh v Albert-Ludwigs-Universität Freiburg Generics (UK) Ltd v Daiichi Pharmaceutical Co Ltd Generics (UK) Ltd v Daiichi Pharmaceutical Co Ltd Generics (UK) Ltd v H Lundbeck A/SHotel Cipriani Srl v Cipriani (Grosvenor Street) Ltd Hull Daily Mail Publications Ltd's Trade Mark ApplicationsIntel Corporation Inc v CPM United Kingdom Ltd Interflora Inc v Marks and Spencer Plc Kelly and Chiu v Ge Healthcare Ltd Land Securities Plc v The Registrar of Trade Marks L'Oréal SA v eBay International AGMunroe's Trade Mark Application Napp Pharmaceutical Holdings Ltd v Ratiopharm GmbH; Napp Pharmaceutical Holdings Ltd v Sandoz Ltd Phonographic Performance Ltd v The British Hospitality Association Ratiopharm GmbH v Napp Pharmaceutical Holdings Ltd; Sandoz Ltd v Napp Pharmaceutical Holdings Ltd Schlumberger Holdings Ltd v Electromagnetic Geoservices ASStarfire Publishing Ltd v Ordo Templi Orientis Symbian Ltd v Comptroller-General of Patents Synthon BV v Merz Pharma GmbH & Co KgaA Thorn Security Ltd v Siemens Schweiz AG Whirlpool Corp v Kenwood Ltd
Coalitions and Compliance
The Political Economy of Pharmaceutical Patents in Latin America
Inbunden, Engelska, 2017
1 347 kr
Skickas inom 7-10 vardagar
Coalitions and Compliance examines how international changes can reconfigure domestic politics. Since the late 1980s, developing countries have been subject to intense pressures regarding intellectual property rights. These pressures have been exceptionally controversial in the area of pharmaceuticals. Historically, fearing the economic and social costs of providing private property rights over knowledge, developing countries did not allow drugs to be patented. Now they must do so, an obligation with significant implications for industrial development and public health. This book analyses different forms of compliance with this new imperative in Latin America, comparing the politics of pharmaceutical patenting in Argentina, Brazil, and Mexico. Coalitions and Compliance focuses on two periods of patent politics: initial conflicts over how to introduce drug patents, and then subsequent conflicts over how these new patent systems function. In contrast to explanations of national policy choice based on external pressures, domestic institutions, or Presidents' ideological orientations, this book attributes cross-national and longitudinal variation to the ways that changing social structures constrain or enable political leaders' strategies to construct and sustain supportive coalitions. The analysis begins with assessment of the relative resources and capabilities of the transnational and national pharmaceutical sectors, and these rival actors' efforts to attract allies. Emphasis is placed on two ways that social structures are transformed so as to affect coalition-building possibilities: how exporters fearing the loss of preferential market access may be converted into allies of transnational drug firms, and differential patterns of adjustment among state and societal actors that are inspired by the introduction of new policies. It is within the changing structural conditions produced by these two processes that political leaders build coalitions in support of different forms of compliance.
1 817 kr
Skickas inom 5-8 vardagar
Taking the invention as its object of study, this book develops a radical new perspective on the making of modern patent law. It develops an extended historical and conceptual exploration of the invention in modern patent law. Focussing primarily on the figures that make inventions material, and on how to overcome the intangibility of ideas, this intellectual challenging book makes explicit a dimension of patent law that is not commonly found in traditional commentaries, treatises and cases. The story is told from the perspective of the material media in which the intangible form of the invention is made visible; namely, models, texts, drawings, and biological specimens. This approach brings to light for the first time some essential formative moments in the history of patent law. For example, Figures of Invention describes the central role that scale models played in the making of nineteenth-century patent jurisprudence, the largely mythical character of the nineteenth-century theory that patents texts should function as a means of disclosing inventions, and the profound conceptual changes that emerged from debates as to how to represent and disclose the first biological inventions. At the same time, this historical inquiry also reveals the basic conceptual architecture of modern patent law. The story of how inventions were represented is also the story of the formation of the modern concept of invention, or of the historical processes that shaped the terms in which patent lawyers still apprehend the intangible form of the invention. Although the analysis focuses on the history of patent law in the United States, it develops themes that illuminate the evolution of patent regimes in Europe. In combining close historical analysis with broad thematic reflection, Figures of Invention makes a distinctive contribution both to the field of patent law scholarship and to emerging interdisciplinary debates about the constitution of patent law and of intellectual property in general.