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Intellectual Property Right And The Use Of Compulsory Licenses
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Book Synopsis Compulsory Licensing by : Reto M. Hilty
Download or read book Compulsory Licensing written by Reto M. Hilty and published by Springer. This book was released on 2014-11-19 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: Under the auspices of the Max Planck Institute for Intellectual Property and Competition Law (now the Max Planck Institute for Innovation and Competition). And Institutum Iurisprudentiae, Academia Sinica, a group of twenty scholars from around the world gathered to study the experiences made with regards to compulsory licensing. The results are demonstrated in this book. Different articles analyze how the international conventions on intellectual property may be interpreted and explore the related doctrinal groundwork surrounding compulsory patent licensing and beyond. It is shown how the compulsory licensing regime could be transformed into a truly workable mechanism facilitating the speedy use and dissemination of innovation and other subject matters of protection.
Book Synopsis Compulsory Patent Licensing and Access to Medicines: A Silver Bullet Approach to Public Health? by : Van Anh Le
Download or read book Compulsory Patent Licensing and Access to Medicines: A Silver Bullet Approach to Public Health? written by Van Anh Le and published by Springer Nature. This book was released on 2021-10-06 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely monograph focuses on India and Brazil’s use of compulsory licensing, one of the most significant and controversial TRIPS flexibilities. This is a topical work at this critical time when the COVID-19 has stirred up the debate about compulsory licensing and access to medicines. A closer look into the historical use of compulsory licences in certain countries can offer some takeaways for the current situation. The author studies historical developments and political conditions of the patent system and compulsory licensing from the earliest stage to the modern arena, with a great emphasis on TRIPS. After conducting a cross-national study of India and Brazil, the book moves on to evaluate the different philosophies on compulsory licensing of multilateral organizations such as the EU, the WIPO, the WTO, and NGOs. This important book will strongly appeal to intellectual property students, academics, policymakers, and lawyers practicing in the area. It will also be of interest to academics working in the areas of international law, development, and public health as well as state actors and others with relevant concerns working in multilateral organizations.
Book Synopsis Intellectual Property Rights by : D. Vaver
Download or read book Intellectual Property Rights written by D. Vaver and published by Taylor & Francis. This book was released on 2006 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Intellectual Property Right and the Use of Compulsory Licenses by : Carlos M. Correa
Download or read book Intellectual Property Right and the Use of Compulsory Licenses written by Carlos M. Correa and published by . This book was released on 1999 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Intellectual Property Rights and International Trade by : Shayerah Ilias
Download or read book Intellectual Property Rights and International Trade written by Shayerah Ilias and published by Nova Publishers. This book was released on 2008 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction -- Intellectual property rights basics -- Global intellectual property holdings -- Contribution of intellectual property to U.S. economy -- The organized structure of IPR protection -- U.S. trade law -- Issues for Congress.
Book Synopsis Intellectual Property Rights and Compulsory Licensing by : Randolph J. May
Download or read book Intellectual Property Rights and Compulsory Licensing written by Randolph J. May and published by . This book was released on 2016 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1909, Congress for the first time subjected intellectual property protections to compulsory licensing and rate regulation. A compulsory or statutory license is a legal requirement that mandates that the owner of the intellectual property allow third parties to make reproductions of the protected property, provided the third party pays royalties to the owner. Government sets the prices or royalty amounts to be paid by the third party to the intellectual property owner.When it comes to intellectual property rights secured by the Constitution, only copyright protections have been subjected to pervasive compulsory licensing and rate regulation schemes. Congress has not broadly imposed compulsory licensing and royalty rate regulation on patent rights. This paper therefore focuses primarily on compulsory licensing and rate regulation of musical compositions and sound recordings. As a matter of constitutional principle, imposing compulsory licenses and rate controls on copyrights or patent rights is highly problematic. Compulsory licensing and rate controls are at odds with the Constitution's philosophic premises regarding the origin of property and the proper role of government. The Founding Fathers and early American constitutionalism regarded intellectual property as arising out of human nature and created through human creative and inventive labor, independently of government. It was the role of government to secure and protect property rights and, when appropriate, to clarify property boundaries.This paper has a special focus on the role of compulsory licensing in the contexts of current proposals relating to music and video programming. It concludes that Congress or agencies should not expand compulsory licensing and rate regulation of copyrighted music and video programming. As new technologies, services, and products emerge in the market, Congress and agencies should respect the exclusive rights of copyright holders in these areas rather than pare back those rights by subjecting them to new restrictions.
Book Synopsis Private Patents and Public Health by : Ellen F. M. 't Hoen
Download or read book Private Patents and Public Health written by Ellen F. M. 't Hoen and published by . This book was released on 2016 with total page 181 pages. Available in PDF, EPUB and Kindle. Book excerpt: Millions of people around the world do not have access to the medicines they need to treat disease or alleviate suffering. Strict patent regimes introduced following the establishment of the World Trade Organization in 1995 interfere with widespread access to medicines by creating monopolies that keep medicines prices well out of reach for many. 0The AIDS crisis in the late nineties brought access to medicines challenges to the public?s attention, when millions of people in developing countries died from an illness for which medicines existed, but were not available or affordable. Faced with an unprecedented health crisis ? 8,000 people dying daily ? the public health community launched an unprecedented global effort that eventually resulted in the large-scale availability of low-priced generic HIV medicines. 0But now, high prices of new medicines - for example, for cancer, tuberculosis and hepatitis C - are limiting access to treatment in low-, middle and high-income countries alike. Patent-based monopolies affect almost all medicines developed since 1995 in most countries, and global health policy is now at a critical juncture if the world is to avoid new access to medicines crises. 0This book discusses lessons learned from the HIV/AIDS crisis, and asks whether actions taken to extend access and save lives are exclusive to HIV or can be applied more broadly to new global access challenges.
Book Synopsis Fundamentals of United States Intellectual Property Law Copyright, Patent, and Trademark by : Amanda Reid
Download or read book Fundamentals of United States Intellectual Property Law Copyright, Patent, and Trademark written by Amanda Reid and published by Kluwer Law International B.V.. This book was released on 2018-08-10 with total page 588 pages. Available in PDF, EPUB and Kindle. Book excerpt: Completely revised and updated, this sixth edition of a well-received desk reference offers in one volume a comprehensive review of United States (US) copyright, patent, and trademark laws. Like its previous editions, the book’s thorough and sophisticated treatment of this complex material escapes the cumbersome overelaboration of a multivolume treatise on the one hand and a superficial “nutshell” on the other. Maintaining the systematic structure that makes it easy for users to zero in on any particular matter, the new edition incorporates the changes that have entered into force since the fifth edition and expertly examines their effects. The three major categories of copyright, patent, and trademark are covered in turn—along with a fourth section on chip protection—with detailed but concise examination and analysis of such issues and topics as the following and much more: • subject matter of protection; • conditions of protection; • registration procedures; • scope of exclusive rights; • transfer of interests; • fair use; • rights in unregistered marks; • protection of computer software, code, and databases; • remedies and defenses; and • procedural issues in infringement actions. The authors examine significant case law, updated for this edition, in the course of their analysis. With its detailed citations and readily accessible and complete subject coverage, this latest edition is sure to retain its usefulness as a quick reference or desk book for intellectual property practitioners, in-house counsel, patent agents, academics, and librarians, as well as for anyone interested in understanding US intellectual property law.
Book Synopsis Intellectual Property Rights in the Global Economy by : Keith Eugene Maskus
Download or read book Intellectual Property Rights in the Global Economy written by Keith Eugene Maskus and published by Peterson Institute. This book was released on 2000 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Intellectual Property Basics: A Q&A for Students by : World Intellectual Property Organization
Download or read book Intellectual Property Basics: A Q&A for Students written by World Intellectual Property Organization and published by WIPO. This book was released on 2019-04-26 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt: Compiled by the China National Intellectual Property Administration (CNIPA) with the support of the WIPO China Funds-in-Trust, this book gives students a basic yet comprehensive understanding of IP. Using a question-and-answer format, it covers the general rules of the IP system as well as the essentials of patents, copyright, trademarks and other forms of IP, such as industrial designs, geographical indications and traditional knowledge.
Book Synopsis Intellectual Property Law and History by : Steven Wilf
Download or read book Intellectual Property Law and History written by Steven Wilf and published by Routledge. This book was released on 2017-07-05 with total page 518 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intellectual property has become a dominant feature of our knowledge based economy in recent years, but how has property rights in intangible items developed? This book brings together for the first time exemplary scholarship with diverse approaches to the history of United States intellectual property protection, including trade secrets, trademark, copyright, and patent law. These articles, written by leading experts in the field and often challenging conventional narratives, underscore the importance of historical perspectives for understanding how an extensive, evolving framework for the regulation of knowledge emerged in the modern period. By tracing intellectual property from an historical perspective - not merely providing justifications in philosophy or economics in the abstract - this book draws upon the past to address contemporary debates over such varied topics as: access to knowledge; policing copyright infringement; whether employees should own the products of their minds; the role of national borders in an age of digital information; and the very future of intellectual property as stakeholders and consumers contest the extent of its legal protection.
Book Synopsis Intellectual Property Rights by : K. R. G. Nair
Download or read book Intellectual Property Rights written by K. R. G. Nair and published by Allied Publishers. This book was released on 1994 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chiefly papers presented at the International Seminar on IPR, organized by the Centre for Canadian Studies of the University of Delhi, January 9-10, 1993.
Book Synopsis Intellectual Property Rights and the Use of Compulsory Licenses by : Carlos María Correa
Download or read book Intellectual Property Rights and the Use of Compulsory Licenses written by Carlos María Correa and published by . This book was released on 1999 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Genes and Ingenuity by : Australia. Law Reform Commission
Download or read book Genes and Ingenuity written by Australia. Law Reform Commission and published by Virago Press. This book was released on 2004 with total page 690 pages. Available in PDF, EPUB and Kindle. Book excerpt: Report of an inquiry concerned with two broad issues: the patenting of genetic materials and technologies, and the exploitation of these patents and the distinction that can and possibly should be made between discoveries and inventions when referring to claims over genetic sequences.
Book Synopsis Laws of Creation by : Ronald A. Cass
Download or read book Laws of Creation written by Ronald A. Cass and published by Harvard University Press. This book was released on 2013-01-01 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: While innovative ideas and creative works increasingly drive economic success, the historic approach to encouraging innovation and creativity by granting property rights has come under attack by a growing number of legal theorists and technologists. In Laws of Creation, Ronald Cass and Keith Hylton take on these critics with a vigorous defense of intellectual property law. The authors look closely at the IP doctrines that have been developed over many years in patent, copyright, trademark, and trade secret law. In each area, legislatures and courts have weighed the benefits that come from preserving incentives to innovate against the costs of granting innovators a degree of control over specific markets. Over time, the authors show, a set of rules has emerged that supports wealth-creating innovation while generally avoiding overly expansive, growth-retarding licensing regimes. These rules are now under pressure from detractors who claim that changing technology undermines the case for intellectual property rights. But Cass and Hylton explain how technological advances only strengthen that case. In their view, the easier it becomes to copy innovations, the harder to detect copies and to stop copying, the greater the disincentive to invest time and money in inventions and creative works. The authors argue convincingly that intellectual property laws help create a society that is wealthier and inspires more innovation than those of alternative legal systems. Ignoring the social value of intellectual property rights and making what others create and nurture “free” would be a costly mistake indeed.
Book Synopsis Understanding Copyrights and Related Rights by : World Intellectual Property Organization
Download or read book Understanding Copyrights and Related Rights written by World Intellectual Property Organization and published by WIPO. This book was released on 2016 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt: This booklet provides an introduction for newcomers to the subject of copyright and related rights. It explains the fundamentals underpinning copyright law and practice, and describes the different types of rights which copyright and related rights law protects, as well as the limitations on those rights. It also briefly covers transfer of copyright and provisions for enforcement.
Book Synopsis Intellectual Property and International Trade: The TRIPS Agreement by : Carlos M. Correa
Download or read book Intellectual Property and International Trade: The TRIPS Agreement written by Carlos M. Correa and published by Kluwer Law International B.V.. This book was released on 2016-06-27 with total page 586 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is the most far-reaching and comprehensive legal regime ever concluded at the multilateral level in the area of intellectual property rights (IPR). Compared to prior IPR conventions, TRIPS constitutes a major qualitative leap which radically modifies not only the context in which IPR are considered internationally, but also their substantive content and the methods for their enforcement and dispute settlement. This much-welcomed treatise, now in its third edition, thoroughly updates its comprehensive analysis of the substantive provisions of the Agreement and their actual interpretation and application in different jurisdictions, with new material on the burgeoning case law and on major changes in plant variety protection. As in previous editions, the book may be relied upon for in-depth clarification of such matters as the following: • standards established under the agreement; • enforcement measures; • social and legal issues; • legal and policy possibilities offered; • legislative latitude allowed to WTO Member States; • incorporation of TRIPS into domestic law; • protection of integrated circuit design; • protection of innovation and R&D for diseases that disproportionately affect developing countries; • challenges raised by ongoing technological changes; • access to medicines; • protection of confidential (undisclosed) information; and • interface between competition law and intellectual property protection. With fifteen chapters contributed by a distinguished panel of experts representing diverse parties — international organisations, legal practice, government policy, and academia — the third edition offers an incomparable framework for understanding the background, principles, and complex provisions of the TRIPS Agreement. Thoroughly revised and updated, the third edition will be of great value to all professionals and business people concerned with international trade. It stimulates further discussion and analysis in this area of growing importance to international law and international economic relations, particularly regarding the possibilities offered by the Agreement and the loose ends that may need consideration in the future at the national or international level.
