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Legal Responses To Unjustified Threats Of Patent Infringement
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Book Synopsis Legal Responses to Unjustified Threats of Patent Infringement by : Minyu Zheng
Download or read book Legal Responses to Unjustified Threats of Patent Infringement written by Minyu Zheng and published by Edward Elgar Publishing. This book was released on 2024-10-03 with total page 187 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this incisive book, Minyu Zheng examines the various legal responses to unjustified threats of patent infringement. Employing a comparative, jurisdiction-based analysis, Zheng investigates whether the unjustified nature of such threats originates from the inaccuracy of the infringing accusation, or the inappropriateness of issuing threats. In particular, Zheng reveals how to resolve threats which are issued in an undue way but contain a correct allegation of patent infringement.
Book Synopsis Intellectual Property, Climate Change and Technology by : Abbe E.L. Brown
Download or read book Intellectual Property, Climate Change and Technology written by Abbe E.L. Brown and published by Edward Elgar Publishing. This book was released on 2019 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring the potential for alignment as well as conflict between IP and climate change Intellectual Property, Climate Change and Technology encourages a coherent and integrated approach to decision making across the IP, climate change and technology landscape. This groundbreaking book identifies and challenges the lack of intersection between intellectual property law and climate change law at national level. p.p1 {margin: 0.0px 0.0px 0.0px 0.0px; font: 10.0px Arial}
Book Synopsis Intellectual Property Rights as Obstacles to Legitimate Trade? by : Christopher Heath
Download or read book Intellectual Property Rights as Obstacles to Legitimate Trade? written by Christopher Heath and published by Kluwer Law International B.V.. This book was released on 2018-09-20 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intellectual Property Rights as Obstacles to Legitimate Trade helps to understand one of the underlying rationales of the TRIPS Agreement in light of some of the most pertinent IP issues. The WTO/TRIPS Agreement for the first time put IP rights in the context of trade rules, such as when does the exercise of IP rights become an unjustified burden to legitimate trade? Cases have arisen where IP rights are conferred, used, or enforced in a manner that arguably impedes trade, both in domestic and international contexts. This groundbreaking book is the first comprehensive assessment of this controversial area of trade law, shedding important new light on the underlying rationales of the TRIPS Agreement. With contributions by both practitioners and academics working in a range of countries, this book considers thorny issues in such areas as the following: – interpretation of ‘obstacles to legitimate trade’ in the context of GATT/ WTO jurisprudence; – separating markets by preventing parallel importation in the context of patents; – geoblocking – territorial separation of digital markets; – using trademarks to prevent competition; – geographical indications – protection of terms that are considered generic in certain domestic markets; – seizure of goods in transit; – ‘evergreening’ patents – attempts to extend the duration of patents; – rights to second-hand digital goods or content; – unjustified threats – towards appropriate standards of liability. Focusing on topical and under-researched areas of IP law, the contributors stimulate a discussion on an overarching concern that is not often addressed – how to assess whether the protection and enforcement of certain IP rights in particular situations should be classified as trade barriers. As an incisive analysis of the desirable balance between the exercise of IP rights and the demands of legitimate trade, this book will be welcomed by practitioners, lawmakers, policy advisers, and academics in both trade law and IP law.
Book Synopsis Medical Patent Law - the Challenges of Medical Treatment by : E. Ventose
Download or read book Medical Patent Law - the Challenges of Medical Treatment written by E. Ventose and published by Edward Elgar Publishing. This book was released on 2011-10-01 with total page 491 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ventose makes a fresh, lively and incredibly thorough contribution to the literature in this work. He canvasses the European, English and American authorities in a systematic, methodical and dare I say surgical manner. The book is a must read for practitioners, academics and students alike interested in patentable subject matter, public policy and medico-legal ethics. It will be a welcome addition to any legal collection. Emir Aly Crowne, University of Windsor, Barrister & Solicitor, Law Society of Upper Canada and Co-Founder and Co-Chair, Harold G. Fox Intellectual Property Moot Medical patents are a matter of life and death. Such patents have a critical impact upon patient care, medical research, and the administration of healthcare (and, indeed, are in part responsible for ballooning health care budgets). This comprehensive book by Eddy D. Ventose provides a systematic comparative analysis of medical patents. The work explores the historical taboo against patenting methods of human treatment; charts the spectrum of policy positions on medical patents, ranging from permissive to prohibitive; and examines contemporary battles over patenting methods of medical correlation in the Supreme Court of United States. Matthew Rimmer, The Australian National University College of Law and ACIPA, Australia This book provides a detailed and comparative examination of medical patent law and the issues at the heart of the medical treatment exclusion for therapeutic treatments, surgical treatments and diagnostic methods. It firsts considers the historical basis for exclusion and the development of law and policy in Europe, the United States and other commonwealth countries. The book goes on to provide a detailed analysis of the issues related to new medical technologies, such as gene therapy, dosage regimes, and medical diagnostics, in light of the medical treatment exclusion. Medical Patent Law will strongly appeal to patent agents and attorneys, solicitors and barristers working in patent and intellectual property law and medical law worldwide, as well as medical practitioners and healthcare professionals; scientists, researchers and managers in the chemicals, medical; pharmaceuticals and biotechnology industries. Postgraduates on LLM medical law and intellectual property courses and academics specializing in medical law or patent law, will also find much to interest them.
Book Synopsis Japanese Patent Law by : Christopher Heath
Download or read book Japanese Patent Law written by Christopher Heath and published by Kluwer Law International B.V.. This book was released on 2019-06-14 with total page 779 pages. Available in PDF, EPUB and Kindle. Book excerpt: Japanese Patent Law Cases and Comments Edited by Christopher Heath & Atsuhiro Furuta About the Editors: Christopher Heath is a judge at the European Patent Office and former head of the Max Planck Institute’s Asian Department. Atsuhiro Furuta is an administrative judge at the Japanese Patent Office. He graduated with a Master’s in Physics from the University of Tokyo and for two years was a guest researcher at the Max Planck Institute for Patent, Copyright and Competition Law in Munich. About this book: Japanese Patent Law is the first comprehensive work in English on all aspects of Japanese patent law presenting 66 cases with expert explanatory comments from academics, attorneys, judges and Japanese Patent Office officials. While not a common law jurisdiction, Japanese patent law in the past 20 years has been shaped by landmark decisions of the Supreme Court and, since 2005, the IP High Court. Approaching Japanese patent law via landmark decisions is arguably the most comprehensive manner of understanding the subject matter. Many of the cases appear in English for the first time. What’s in this book: Following an informative introduction explaining the economic importance of the patent system for Japan, the cases cover such specific issues as the following: definition of an invention; assessment of prior art, novelty and inventive step; rights of co-inventors; disclaimers, corrections and amendments; scope and limits of patent protection; distinction between repair and reconstruction; doctrine of equivalents; domestic and international jurisdiction in patent matters; interim proceedings and measures; defence of invalidity; damage calculation; patent term extension system; and utility models. Each case commentary follows a uniform structure, including background, summary of the facts, analysis and comparative remarks. The latter allows the reader to put developments in Japan in an international context. How this will help you: With the wealth of knowledge it makes available – leading Japanese patent cases in English translation, comparative case commentaries by leading experts on Japanese patent law, comprehensive analytical coverage of all aspects of Japanese patent law and coverage of related fields such as licensing, antitrust and civil procedure – this easy-to-use book will be warmly welcomed by patent attorneys and other practitioners (including Japanese patent practitioners advising foreign clients), patent academics and patent offices worldwide.
Book Synopsis Australian Intellectual Property Law by : Mark J. Davison
Download or read book Australian Intellectual Property Law written by Mark J. Davison and published by Cambridge University Press. This book was released on 2020-09-03 with total page 809 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fourth edition of Australian Intellectual Property Law provides a detailed and comprehensive, yet concise and accessible discussion of intellectual property law in Australia. This edition has been thoroughly revised to cover the most recent developments in intellectual property law, including significant case law and discussion of the proposed and enacted amendments to the Copyright Act 1968 (Cth), the Patents Act 1990 (Cth) and the Plant Breeder's Rights Act 1994 (Cth). The text has been restructured, but continues to provide a complete discussion of the black-letter aspects of the law. Commencing with copyright, then followed by design law, confidential information, patents, plant breeder's rights, then finally trade marks. The work ends with a chapter on enforcing legal rights and civil remedies. Written by highly-respected intellectual property law researchers this text is an invaluable resource for both undergraduate and postgraduate students, academics and other professionals working with intellectual property.
Book Synopsis Australian Intellectual Property Law by : Mark Davison
Download or read book Australian Intellectual Property Law written by Mark Davison and published by Cambridge University Press. This book was released on 2016 with total page 807 pages. Available in PDF, EPUB and Kindle. Book excerpt: Updated to include recent important developments in Australian intellectual property law, this is an essential text for students and professionals.
Book Synopsis Rethinking Intellectual Property by : Gustavo Ghidini
Download or read book Rethinking Intellectual Property written by Gustavo Ghidini and published by Edward Elgar Publishing. This book was released on 2018 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intellectual property law is built on constitutional foundations and is underpinned by the twin freedoms of freedom of expression and freedom of economic enterprise. In this thoughtful evaluation, Gustavo Ghidini offers up a reconstruction of the core features of each intellectual property paradigm, including patents, copyright, and trademarks, suggesting measures for reform to allow intellectual property to become socially beneficial for all.
Book Synopsis The Role of Intellectual Property Rights in Biotechnology Innovation by : David Castle
Download or read book The Role of Intellectual Property Rights in Biotechnology Innovation written by David Castle and published by Edward Elgar Publishing. This book was released on 2009 with total page 475 pages. Available in PDF, EPUB and Kindle. Book excerpt: . . . recommended to anyone interested in the thrilling subject of the relationship of IPRs and innovation. Ralf Uhrich, Journal of Intellectual Property This is an outstanding piece of scholarship. It will serve as a powerful stimulant for new research in the field and as a reliable guide for practitioners. Calestous Juma, Harvard University, US Intellectual property rights (IPRs), particularly patents, occupy a prominent position in innovation systems, but to what extent they support or hinder innovation is widely disputed. Through the lens of biotechnology, this book delves deeply into the main issues at the crossroads of innovation and IPRs to evaluate claims of the positive and negative impacts of IPRs on innovation. An international group of scholars from a range of disciplines economic geography, health law, business, philosophy, history, public health, management examine how IPRs actually operate in innovation systems, not just from the perspective of theory but grounded in their global, regional, national, current and historical contexts. In so doing, the contributors seek to uncover and move beyond deeply held assumptions about the role of IPRs in innovation systems. Scholars and students interested in innovation, science and technology policy, intellectual property rights and technology transfer will find this volume of great interest. The findings will also be of value to decision makers in science and technology policy and managers of intellectual property in biotechnology and venture capital firms.
Book Synopsis A Handbook of Intellectual Property Management by : Adam Jolly
Download or read book A Handbook of Intellectual Property Management written by Adam Jolly and published by Kogan Page Publishers. This book was released on 2004 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is designed as a practical reference source for creators and users of intellectual property (IP), directing them towards the best of current thinking and practice in building and developing a cost-effective portfolio of rights.Every year, The Patent Office receives over 30,000 patent applications and 34,000 trade mark applications. The potential for creating value from ideas, brands, designs and processes has never been greater. But neither has the speed at which innovation and creativity can be replicated around the world. Organizations need to find ways of keeping ahead of their rivals. To this end, the process of defining and protecting IP is becoming a mainstream activity with as much future impact as finance or marketing. IP protection can be equally important in securing the distinctive know-how and identity on which an organization is based.A Handbook of Intellectual Property Management is a practical source of advice and reference filled with contributions from leading innovators and top patent and trade mark attorneys on a range of topics, including:the value of IPEU versus USbrand identitiesbuying and selling rightsbuilding an IP teamstart-ups and spin-outsacquisitions, flotation and liquidationmanufacturing and creative industriesconsumer goods and financial servicespatents, trade marks, copyright and design rightsaction against counterfeiting, piracy and competitors
Book Synopsis Research Handbook on Human Rights and Intellectual Property by : Christophe Geiger
Download or read book Research Handbook on Human Rights and Intellectual Property written by Christophe Geiger and published by Edward Elgar Publishing. This book was released on 2015-02-27 with total page 753 pages. Available in PDF, EPUB and Kindle. Book excerpt: Research Handbook on Human Rights and Intellectual Property is a comprehensive reference work on the intersection of human rights and intellectual property law. Resulting from a field-specific expertise of over 40 scholars and professionals of world re
Book Synopsis Research Handbook on the World Intellectual Property Organization by : Sam Ricketson
Download or read book Research Handbook on the World Intellectual Property Organization written by Sam Ricketson and published by Edward Elgar Publishing. This book was released on 2020-08-28 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: 2020 marks the 50th year of the coming into force of the World Intellectual Property Organization (WIPO) Convention 1967 and the formal establishment of WIPO. This unique and wide-ranging Research Handbook brings together eminent scholars and experts who assess WIPO's role and programmes during its first half-century, as well as discussing the challenges facing the organization as it enters its second.
Book Synopsis Contemporary Intellectual Property by : Abbe Brown
Download or read book Contemporary Intellectual Property written by Abbe Brown and published by Oxford University Press, USA. This book was released on 2019 with total page 967 pages. Available in PDF, EPUB and Kindle. Book excerpt: A unique perspective on intellectual property law. It examines the complex policies that inform and guide modern intellectual property law at the domestic (including Scottish), European and international levels, giving the reader a true insight into the discipline and the shape of things to come.
Book Synopsis Competition Law Analysis of Price and Non-price Discrimination & Abusive IP Based Legal Proceedings by : Pierre Kobel
Download or read book Competition Law Analysis of Price and Non-price Discrimination & Abusive IP Based Legal Proceedings written by Pierre Kobel and published by Springer Nature. This book was released on 2021-03-29 with total page 505 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book gathers national and international reports from around the globe on key issues in the field of antitrust and intellectual property. Its first part discusses to what extent competition law should be concerned with differences in prices, terms and conditions, or quality that suppliers offer different purchasers. A detailed international report explores the major trends and challenges in this field and provides an excellent comparative study on this complex and challenging subject. In turn, the second part examines whether there should be legal restrictions on the ability of persons who claim, without sufficient justification, to hold IP rights that have been infringed on, to bring, or to threaten to bring, legal proceedings based on such claims against their competitors or others. In this regard, the book brings together the current legal responses across a number of European countries and elsewhere in the world, all summarised and elaborated on in an international report. The book also includes the resolutions passed by the General Assembly of the International League of Competition Law (LIDC) following debates on each of these topics, which include proposed solutions and recommendations. The LIDC is a long-standing international association that focuses on the interface between competition law and intellectual property law, including unfair competition issues.
Book Synopsis Antitrust, Patents, and Copyright by : François Lévêque
Download or read book Antitrust, Patents, and Copyright written by François Lévêque and published by Edward Elgar Publishing. This book was released on 2005-01-01 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: In modern markets innovation is at least as great a concern as price competition. The book discusses how antitrust policy and patent and copyright laws interact to create market dynamics that affect both competition and innovation. Antitrust and intellectual property policies for the most part are complementary, sharing common goals of promoting innovation and economic welfare. In some cases, however, their distinct approaches, one based on competition and the other on exclusion, come into conflict. As antitrust authorities focus increasingly on ensuring that firms do not interfere with innovation by rivals or impede the pace of technological progress in an industry, they necessarily must confront difficult questions about the strength and scope of intellectual property rights. When should private property rights give way to public competition objectives? When is it appropriate to remedy anticompetitive outcomes through access to protected intellectual property? How does antitrust enforcement or competition itself affect incentives to innovate? Leading economists and lawyers address these questions from both US and EU perspectives in discussing salient antitrust cases involving intellectual property rights such as Microsoft, Magill, Kodak, IMS and Intel.
Author :American Bar Association. House of Delegates Publisher :American Bar Association ISBN 13 :9781590318737 Total Pages :216 pages Book Rating :4.3/5 (187 download)
Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Book Synopsis Competition Law and Patents by : Irina Haracoglou
Download or read book Competition Law and Patents written by Irina Haracoglou and published by Edward Elgar Publishing. This book was released on 2008-01-01 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is an incredibly interesting book on an increasingly pertinent topic. . . the book is succinctly written and provides a comprehensive overview of EU law. . . providing a really useful analysis of the European cases concerned with the imposition of a duty to deal in relation to intellectual property. . . This book is a thoroughly enjoyable read, and perhaps because of its brevity the author retains her focus on the central issues being examined. I found it to be engaging and thought provoking. Jane Nielsen, Competition and Consumer Law Journal The book caters for various groups ranging from those with a general interest in competition law, patent law and/or biopharmaceuticals, to students who want to understand how competition and intellectual property work in practice (or to understand the interface between the two policies), and from practitioners and policymakers to people within the biopharmaceutical industry itself. Journal of Intellectual Property Rights Using the example of research tools in biopharmaceutical research and innovation, this book examines the complexities of the relationship between two fundamental areas of law and policy intellectual property rights and competition law. It addresses a question that is certain to become paramount in other industries also: how to strike the balance between initial and follow-on innovation so as to ensure that access to essential research tools (or other fundamental elements to follow-on innovation) is not impeded. The book concludes by suggesting how competition law could be used to complement the patent balance. Competition Law and Patents caters for various groups ranging from those with a general interest in competition law, patent law and/or biopharmaceuticals, to students who want to understand how competition and intellectual property work in practice (or to understand the interface between the two policies), and from practitioners and policymakers to people within the biopharmaceutical industry itself.
