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Patent Exhaustion And International Trade Regulation
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Book Synopsis Patent Exhaustion and International Trade Regulation by : Santanu Mukherjee
Download or read book Patent Exhaustion and International Trade Regulation written by Santanu Mukherjee and published by BRILL. This book was released on 2023-03-13 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book dives into the legal and economic rationale of patent exhaustion, studying its evolution from the beginning in Germany, UK and USA, to Japan and 10 developing countries. The author also analyses exhaustion under TRIPS, GATT, GATS and major regional agreements, including the EU, before assessing the interface of patent exhaustion with competition policy. The book also addresses public policy concerns of Least developed and developing countries linked to their IPR challenges as IP users. It concludes that an appropriate exhaustion mode under relevant legal measures would protect patents while also restraining patents to become non-tariff barriers. The open access publication of this book has been published with the support of the Swiss National Science Foundation.
Book Synopsis Research Handbook on Intellectual Property Exhaustion and Parallel Imports by : Irene Calboli
Download or read book Research Handbook on Intellectual Property Exhaustion and Parallel Imports written by Irene Calboli and published by Edward Elgar Publishing. This book was released on 2016-06-24 with total page 582 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the Americas to the European Union, Asia-Pacific and Africa, countries around the world are facing increased pressure to clarify the application of intellectual property exhaustion. This wide-ranging Research Handbook explores the questions that pose themselves as a result. Should exhaustion apply at the national, regional, or international level? Should parallel imports be considered lawful imports? Should copyright, patent, and trademark laws follow the same regime? Should countries attempt to harmonize their approaches? To what extent should living matters and self-replicating technologies be subject to the principle of exhaustion? To what extent have the rise of digital goods and the “Internet of things” redefined the concept of exhaustion in cyberspace? The Handbook offers insights to the challenges surrounding these questions and highlights how one answer does not fit all.
Book Synopsis Free Trade in Patented Goods by : Sarah R. Wasserman Rajec
Download or read book Free Trade in Patented Goods written by Sarah R. Wasserman Rajec and published by . This book was released on 2014 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt: Modern international trade law seeks to increase global welfare by lowering barriers to trade and encouraging international competition. This “free trade” approach, while originally applied to reduce tariffs on trade, has been extended to challenge non-tariff barriers, with modern trade agreements targeting telecommunication regulations, industrial and product safety standards, and intellectual property rules. Patent law, however, remains inconsistent with free-trade principles by allowing patent holders to subdivide the world market along national borders and to forbid trade in patented goods from one nation to another. This Article demonstrates that the doctrines thwarting free trade in patented goods are protectionist remnants of long-abandoned pre-Industrial Age economic theories, and the modern arguments for restricting international trade in patented goods -- most notably, the possible desirability of permitting price discrimination -- provide an insufficient justification for restricting trade across national frontiers. The Article concludes that modern patent law doctrine should be modified to permit free international trade in patented goods and that, if price discrimination or other goals are thought desirable, better alternatives are available to achieve those goals.
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 228 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 Spares, Repairs, and Intellectual Property Rights by : Christopher Heath
Download or read book Spares, Repairs, and Intellectual Property Rights written by Christopher Heath and published by Kluwer Law International B.V.. This book was released on 2009-01-01 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although supplying spare and replacement parts and providing repair services form the basis of many legitimate businesses, many manufacturing enterprises seek to augment the competitive advantage realized at the market stage of selling their main products by attempting to monopolize the market for spares, repairs and refills. Increasingly, companies are using intellectual property laws to devise up-front business strategies to gain exclusive rights in the components of their products. This is the first in-depth analysis of the law in this relatively new and rapidly developing area of practice. It sheds clear light on the conflicting interests of manufacturers, consumers, spare parts makers and the general public; explores the extent to which this kind of business strategy can be more or less successful with respect to the different rights involved, and in different jurisdictions; and highlights the competition issues that inevitably arise. The essays included are revised and updated versions of papers presented at the seventh (2006) of the innovative IP conference organized annually by the Macau Institute of European Studies (IEEM) on intellectual property law and the economic challenges for Asia. Among the topics and issues covered are the following: ; notions of andrepairand and andrecycleand and their legal effects; the limits of IP rights in relation to repair and recycle; legal limits of end user licence agreements (EULAs) and technological protection measures (TPMs); patent exhaustion on repair and recycling; alteration of product andidentityand; the concept of andindirectand or andcontributoryand infringement; design law strategies; and secondary market definitions. The authors give detailed attention to cases in various jurisdictions that have guided and continue to guide business strategies in the field. Jurisdictions treated include the EU, the US, the UK, Germany, the Netherlands, China, Hong Kong, Japan, and Korea. In its clarification of the limits and possibilities of business strategies in this area of competition that is just beginning to attract attention, this book will be of great value not only to intellectual property law practitioners but to business people in nearly any field of production, especially where cross-border marketing is involved.
Book Synopsis Trade and Tradeoffs by : Daniel J. Hemel
Download or read book Trade and Tradeoffs written by Daniel J. Hemel and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sellers of patented products ranging from printer cartridges to pharmaceuticals frequently charge higher prices in the United States than abroad. To maintain this price differential, such sellers often prohibit the resale of their goods in the United States. The Federal Circuit has maintained that importers may be sued for infringing U.S. patents on these goods. But that may soon change: in Lexmark v. Impression Products, the en banc Federal Circuit has been asked to hold that the sale of a patented product anywhere in the world “exhausts” the seller's U.S. patent rights. If the Federal Circuit adopts a rule of international patent exhaustion, firms that sell patented products abroad will find it much harder to prevent those products from being resold in the United States. Advocates and opponents of international patent exhaustion both argue that their preferred rule would be more efficient (i.e., would increase aggregate welfare). In our view, however, whether international patent exhaustion increases aggregate welfare depends on whose welfare is aggregated. Put differently, the desirability of international patent exhaustion depends on a question that economic models alone cannot answer: how much weight (if any) should U.S. courts assign to foreign interests when crafting patent policy? Here, we explain why the Federal Circuit's adoption of a rule of international patent exhaustion would likely lower prices of patented goods in the United States and raise prices abroad. Moreover, we explain why such a rule would impose costs on foreign governments that choose to subsidize access to patented goods for their own citizens. These tradeoffs between U.S. and foreign interests are ignored (or misunderstood) in the Lexmark briefing. This short Essay brings these tradeoffs into clearer focus. NOTE: The PDF available here is the draft that was cited by the Federal Circuit in its en banc Lexmark decision. The final published version of this essay is available at this link: http://columbialawreview.org/wp-content/uploads/2016/04/HO_Trade_and_Tradeoffs.pdf.
Book Synopsis Exhausting Intellectual Property Rights by : Shubha Ghosh
Download or read book Exhausting Intellectual Property Rights written by Shubha Ghosh and published by Cambridge University Press. This book was released on 2018-11-08 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: Even as globalization seems to be in retreat in political circles, the march of commercialization and markets continues. Government policies, whether tariffs, exits, or walls, cannot impede the competitive drive to meet consumer demand for products and services, whether within national boundaries or across them. In the sphere of intellectual property rights, the doctrine of exhaustion serves to limit the rights of intellectual property owners after a specific exercise of some or all of the rights. This volume provides an assessment of the successes and failures of the exhaustion doctrine as it has been applied through recent judicial decisions in the United States and the European Union. Irene Calboli and Shubha Ghosh explore how evolving interpretations of the exhaustion doctrine affects the large trade in gray market products and other international trade issues. A comparative approach to exhaustion, Exhausting Intellectual Property Rights offers a unique discussion of the often overlooked issue of overlapping rights.
Book Synopsis Intellectual Property and Development by : Keith E. Maskus
Download or read book Intellectual Property and Development written by Keith E. Maskus and published by World Bank Publications. This book was released on 2005-01-01 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: International policies toward protecting intellectual property rights have seen profound changes over the past two decades. Rules on how to protect patents, copyright, trademarks and other forms of intellectual property have become a standard component of international trade agreements. Most significantly, during the Uruguay Round of multilateral trade negotiations (1986-94), members of what is today the World Trade Organization (WTO) concluded the Agreement on Trade Related Intellectual Property Rights (TRIPS), which sets out minimum standards of protection that most of the world's economies have to respect. How will developing countries fare in this new international environment? Intellectual Property and Development brings together empirical research that assesses the effects of changing intellectual property regimes on various measures of economic and social performance - ranging from international trade, foreign investment and competition, to innovation and access to new technologies. The studies presented point to an important development dimension to the protection of intellectual property. But a one-size fits all approach to intellectual property is unlikely to work. There is need to adjust intellectual property norms to domestic needs, taking into account developing countries' capacity to innovate, technological needs, and institutional capabilities. In addition, governments need to consider a range of complementary policies to maximize the benefits and reduce the costs of reformed intellectual property regulations. This book will be of interest to students and scholars of international law, particularly in the area of intellectual property rights, international trade, and public policy.
Book Synopsis The TRIPS Regime of Patents and Test Data by : Nuno Pires de Carvalho
Download or read book The TRIPS Regime of Patents and Test Data written by Nuno Pires de Carvalho and published by Kluwer Law International B.V.. This book was released on 2016-04-24 with total page 800 pages. Available in PDF, EPUB and Kindle. Book excerpt: This preeminent work has proven the best practical commentary on the TRIPS agreement related to patents and test data. This fifth edition, in which the author has revised the whole text and updated various arguments, continues to articulate with unmatched clarity the specific steps that a government or a company must take, in a wide variety of possible contexts, to ensure that its patent-related obligations under TRIPS are met. The presentation is arranged in an article-by-article format, following the TRIPS Agreement itself as it relates to patents and test data. In this way, the author’s incisive analysis covers every issue likely to arise in today’s patent and test data administrative and legal practice, including the following: ·significance of the recent entry into force of Article 31bis; · developments in enforcement of patent rights in the context of competition law; · the potential effects of Brexit and the new protectionist inclination of US trade policy; · expanded commentary on trade secrets and test data under Article 39; · alternate ways to transpose TRIPS obligations into national law; and · standards of intellectual property protection as a bargaining chip in international trade. The TRIPS Agreement has a direct impact on the daily activities of corporations, governments, and consumers. This book contains a very practical explanation of the meaning of the patent-related TRIPS provisions, how they should be reflected in national law, and how courts are expected to enforce them. For these reasons and more, the Fifth Edition is a crucially important resource for patent and public health lawyers seeking compliance as well as for government officials charged with the implementation of TRIPS obligations.
Book Synopsis Patent Law in Global Perspective by : Professor Ruth L. Okediji
Download or read book Patent Law in Global Perspective written by Professor Ruth L. Okediji and published by Oxford University Press. This book was released on 2014-02-27 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Patent Law in Global Perspective addresses critical and timely questions in patent law from a truly global perspective, with contributions from leading patent law scholars from various countries. Offering fresh insights and new approaches to evaluating key institutional, economic, doctrinal, and practical issues, these chapters reflect critical analyses and review developments in national patent laws, efforts to reform the global patent system, and reconfigure geopolitical interests. Professors Ruth L. Okediji and Margo A. Bagley bring together the first collection to explore patent law issues through the lens of economic development theory, international relations, theoretical foundations for the patent law system in the global context, and more. Topics include: the role of patent law in economic development; the efficacy of patent rights in facilitating innovation; patents and access to medicines; comparative patentability standards (including subject matter eligibility for biotechnology and software inventions); limitations and exceptions to patent scope and protection (including exhaustion, compulsory licensing, and research exceptions); patents on plants and other living organisms; and the impact of emerging economies on global patent system governance. The contributors provide a wealth of original insight and thought-provoking discussion that will be of great interest and benefit to scholars, policymakers, and practitioners alike.
Book Synopsis International Intellectual Property in an Integrated World Economy by : Frederick M. Abbott
Download or read book International Intellectual Property in an Integrated World Economy written by Frederick M. Abbott and published by Aspen Publishing. This book was released on 2024 with total page 980 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Law school casebook on intellectual property in a global context"--
Book Synopsis WTO - Trade-Related Aspects of Intellectual Property Rights by : Jan Busche
Download or read book WTO - Trade-Related Aspects of Intellectual Property Rights written by Jan Busche and published by BRILL. This book was released on 2008-11-27 with total page 944 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the WTO TRIPS-Agreement, intellectual property issues have become an integral part of the world trading system. The Agreement probably represents the most significant and controversial development in world trade law. The Agreement is comprehensive in scope and contains standards for protection of a number of intellectual property rights as well as rules on the enforcement of such rights. Furthermore it closely links to the well-established traditional international system of the protection of intellectual property rights - the World Intellectual Property Rights Organization and related agreements, in particular the Paris and Berne Convention and the Madrid Agreement. This commentary covers the entire TRIPS-Agreement. It adopts a comparative perspective in highlighting related and similar provisions and developments in other international and regional instruments, such as the ones mentioned above and, for instance the European Patent Convention. The volume is based on a close cooperation between the Intellectual Property Law Center of the University of Düsseldorf and the Göttingen Institute for International Law and European Law, which aims at bringing together expertise in intellectual property law and and general international law and trade law. It is designed to meet the needs both of the WTO and the intellectual property community.
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 by : Thomas Cottier
Download or read book Intellectual Property written by Thomas Cottier and published by University of Michigan Press. This book was released on 2010-04-23 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: The incorporation of intellectual property protection into the WTO international trading system has been a milestone in international economic law and has added a new dimension to trade regulation — new rights and obligations and new challenges alike. The contributors, leading scholars and practitioners in the field, provide insights into the legal relationship of the TRIPs Agreement to the GATT 94 and the GATS. The book widens the debate with a thorough discussion on pending and unresolved relations of TRIPs, the WTO, UPOV, the Convention on Biodiversity and Farmers' Rights contained in the FAO International Undertaking, and efforts of the World Bank GCIAR system, including IPGRI. What will be the impact of TRIPs on ownership of plant genetic resources? Largely a victory for OECD countries, the present state of intellectual property rights has important implications for developing countries. The incorporation of intellectual property rights into the WTO system will eventually change the relationship of trade, competition, and intellectual property. It will equally have to assist in providing equitable sharing of benefits in the use of plant genetic resources. All of these issues are essential for the revision of exclusions from patenting in TRIPs. This volume offers insights into how this difficult task could and should be approached in a balanced manner and will be essential reading for economists and trade and intellectual property lawyers interested in the subject. Moreover, the volume will be relevant to agricultural economists as it addresses complex problems in the interstices of trade, intellectual property, plant genetic resources, and sustainable development. Thomas Cottier is Professor of European and International Economic Law, University of Bern, and Managing Director, World Trade Institute, University of Bern. Petros C. Mavroidis is Professor of Law, University of Neuchâtel. He formerly worked in the Legal Affairs Division of the World Trade Organization. Marion Panizzon is Research Fellow, University of Bern. Simon Lacey is Research Fellow, University of Bern.
Book Synopsis Intellectual Property and the Law of Nations, 1860-1920 by :
Download or read book Intellectual Property and the Law of Nations, 1860-1920 written by and published by BRILL. This book was released on 2022-05-16 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection presents new narratives on the emergence of intellectual property rights in the law of nations during the late nineteenth century and early twentieth century. The collection reveals the extent to which various forms of intellectual property protection eventually shaped contemporary international law.
Book Synopsis The Role of Theoretical Debate in the Evolution of National and International Patent Protection by : Louise J. Duncan
Download or read book The Role of Theoretical Debate in the Evolution of National and International Patent Protection written by Louise J. Duncan and published by BRILL. This book was released on 2021-09-13 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume offers a detailed account of the development of national patent systems, and then moving on to the international sphere to discuss the factors which provided the impetus for the Paris Convention for the Protection of Industrial Property (1883).
Book Synopsis The Exhaustion of Patent Rights Under WTO Law by : Marco C. E. J. Bronckers
Download or read book The Exhaustion of Patent Rights Under WTO Law written by Marco C. E. J. Bronckers and published by . This book was released on 1999 with total page 22 pages. Available in PDF, EPUB and Kindle. Book excerpt:
