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Technologie Et Concurrence Technology And Competition
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Book Synopsis Technologie et concurrence – Technology and Competition by : Josef Drexl
Download or read book Technologie et concurrence – Technology and Competition written by Josef Drexl and published by Armando Editore. This book was released on 2009 with total page 774 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hanns Ullrich, this highly renowned legal scholar, has had a tremendous influence on legal research and the development of the law in the fields of both Technology and Competition. His expertise dates back to the late 1970s and early 1980s, when he served as a member of the research staff at the Max Planck Institute for Intellectual Property in Munich. In 1985, he became professor of law at the "Universität der Bundeswehr", Munich, and finally, in 2000, professor at the european University Institute, florence. He has acted as visiting professor at a number of Universities around the worldincluding, in particular, the College of Europe, Bruges. The authors of the contributions in this book feel greatly indebted to Hanns Ullrich. Much earlier than others, he recognised and explained that, in the absence of pressure from competition, intellectual property will not be able to fulfil its mission of enhancing innovation. In concentrating on the fields of interest of this eminent scholar, the contributions address a number of the most burning issues of the regulation of intellectual property, competition law and, of course, the application of competition law to IP-related cases.
Book Synopsis Patent Practice in Japan and Europe by : Bernd Hansen
Download or read book Patent Practice in Japan and Europe written by Bernd Hansen and published by Kluwer Law International B.V.. This book was released on 2011-07-26 with total page 842 pages. Available in PDF, EPUB and Kindle. Book excerpt: More than 60 authors – supreme and high court judges, law professors, legal specialists in corporate and private practice – from Europe, East Asia, and the United States contribute original essays to this excellent compilation of the current issues regarding the laws and practices in intellectual property in Europe and Japan. The articles cover a broad spectrum of subjects, including the procedural implications of litigation, international jurisdiction, doctrines of exhaustion, utility model systems and practice, and employed inventor’s compensation, as well as the special aspects of pharmaceutical patenting such as obtaining supplementary protection certificates. Many of the articles also include a comparative analysis of the laws and practices in both geographical regions or deal with the same legal issues but in different jurisdictions, for instance: the reform of the Japanese judicial system to establish an IP-based nation; the role of patent firms in the economic development of Japan; disclosure requirements in Japan: a judge's view; I.P. High Court decisions on inventive step; international jurisdiction in Japan, Europe and the United States; patent infringement by multiple parties in Japan; patent exhaustion in Japan; corporate remuneration systems for employees' inventions in Japan and Germany; the present and future of Japan's utility model system; notable differences between Korean and German patent infringement and invalidation practices; fifteen years of the Eurasian Patent System; the future European and EU Patents Court; opposition proceedings at the EPO: tips for success; the interaction between infringement and invalidity decisions in German patent disputes; protection of confidential information in patent litigation in the UK and Germany; interpretation and determination of the scope of patents by the French Courts; provocative thoughts on the patenting of new pharmaceuticals; Obama Care: implications for research pharmaceutical companies; and many others.
Book Synopsis Personal Data in Competition, Consumer Protection and Intellectual Property Law by : Mor Bakhoum
Download or read book Personal Data in Competition, Consumer Protection and Intellectual Property Law written by Mor Bakhoum and published by Springer. This book was released on 2018-11-02 with total page 577 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the legal approach to personal data taken by different fields of law. An increasing number of business models in the digital economy rely on personal data as a key input. In exchange for sharing their data, online users benefit from personalized and innovative services. But companies’ collection and use of personal data raise questions about privacy and fundamental rights. Moreover, given the substantial commercial and strategic value of personal data, their accumulation, control and use may raise competition concerns and negatively affect consumers. To establish a legal framework that ensures an adequate level of protection of personal data while at the same time providing an open and level playing field for businesses to develop innovative data-based services is a challenging task.With this objective in mind and against the background of the uniform rules set by the EU General Data Protection Regulation, the contributions to this book examine the significance and legal treatment of personal data in competition law, consumer protection law, general civil law and intellectual property law. Instead of providing an isolated analysis of the different areas of law, the book focuses on both synergies and tensions between the different legal fields, exploring potential ways to develop an integrated legal approach to personal data.
Book Synopsis The Protection against Unfair Competition in the WTO TRIPS Agreement by : Christian Riffel
Download or read book The Protection against Unfair Competition in the WTO TRIPS Agreement written by Christian Riffel and published by BRILL. This book was released on 2016-06-23 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Protection Against Unfair Competition in the WTO TRIPS Agreement, Christian Riffel offers an account of the potential which Article 10bis of the Paris Convention has for the world trading system. In particular, the author explores what hard law obligations emerge from it.
Book Synopsis Restoring Consumer Sovereignty by : Adrian Kuenzler
Download or read book Restoring Consumer Sovereignty written by Adrian Kuenzler and published by Oxford University Press. This book was released on 2017-08-18 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: In today's highly concentrated marketplaces, social and cultural values--such as the lifestyle connotations that manufacturers and sellers confer upon their goods--often shape consumers' prior beliefs and attitudes and affect the weight given to new information by consumers who make purchasing decisions in the marketplace. Such consumer goods present the largely unexplored problem of contemporary market regulatory theory according to which an increased amount of product differentiation has rendered everyday purchasing decisions such as the choice between an iPhone or a Samsung Galaxy Note as much a matter of personal identity rather than merely one of tangible product attributes. The basic challenge for market regulators and courts in such an environment is to make markets work effectively by providing a more efficient exchange of information about consumer preferences relating to tangible product features, functions, and quality. This book demonstrates that improved legal policy can assist consumers and increase market efficiency. It acknowledges that once particular beliefs held by consumers have become culturally or socially entrenched, they are very difficult to change. What is more, changing such beliefs is no longer simply a matter of educating people through the provision of additional information. Developing a novel framework through a detailed analysis of case law relating to consumer goods markets, this book delivers an accessible introduction to the law and economics of consumer decision-making, and a forceful critique of contemporary market regulatory policy.
Download or read book TRIPS plus 20 written by Hanns Ullrich and published by Springer. This book was released on 2016-01-29 with total page 760 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the impact and shortcomings of the TRIPS Agreement, which was signed in Marrakesh on 15 April 1994. Over the last 20 years, the framework conditions have changed fundamentally. New technologies have emerged, markets have expanded beyond national borders, some developing states have become global players, the terms of international competition have changed, and the intellectual property system faces increasing friction with public policies. The contributions to this book inquire into whether the TRIPS Agreement should still be seen only as part of an international trade regulation, or whether it needs to be understood – or even reconceptualized – as a framework regulation for the international protection of intellectual property. The purpose, therefore, is not to define the terms of an outright revision of the TRIPS Agreement but rather to discuss the framework conditions for an interpretative evolution that could make the Agreement better suited to the expectations and needs of today’s global economy.
Book Synopsis Liability Rules in Patent Law by : Daniel Krauspenhaar
Download or read book Liability Rules in Patent Law written by Daniel Krauspenhaar and published by Springer. This book was released on 2014-10-06 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: The primary purpose of a patent law system should be to enhance economic efficiency, in particular by providing incentives for making inventions. The conventional wisdom is that patents should therefore be strictly exclusive rights. Moreover, in practice patent owners are almost never forced to give up their right to exclude others and receive only a certain amount of remuneration with, for instance, compulsory licensing. Other economically interesting patent-law objectives, however, include the transfer and dissemination of knowledge. Mechanisms exist by which the patent owner decides if he or she would prefer exclusive or non-exclusive rights, for instance the opportunity to declare the willingness to license and create patent pools. But it is questionable whether these mechanisms are sufficient and efficient enough in view of the existence of patent trolls and other problems. This work challenges the conventional wisdom to a certain extent and makes proposals for improvements.
Book Synopsis Intellectual Property, Antitrust and Cumulative Innovation in the EU and the US by : Thorsten Käseberg
Download or read book Intellectual Property, Antitrust and Cumulative Innovation in the EU and the US written by Thorsten Käseberg and published by Bloomsbury Publishing. This book was released on 2012-06-08 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: For decades, the debate about the tension between IP and antitrust law has revolved around the question to what extent antitrust should accept that IP laws may bar competition in order to stimulate innovation. The rise of IP rights in recent years has highlighted the problem that IP may also impede innovation, if research for new technologies or the marketing of new products requires access to protected prior innovation. How this 'cumulative innovation' is actually accounted for under IP and antitrust laws in the EU and the US, and how it could alternatively be dealt with, are the central questions addressed in this unique study by lawyer and economist Thorsten Käseberg. Taking an integrated view of both IP and antitrust rules – in particular on refusals to deal based on IP – the book assesses policy levers under European and US patent, copyright and trade secrecy laws, such as the bar for and scope of protection as well as research exemptions, compulsory licensing regimes and misuse doctrines. It analyses what the allocation of tasks is and should be between these IP levers and antitrust rules, in particular the law on abuse of dominance (Article 102 TFEU) and monopolisation (Section 2 Sherman Act), while particular attention is paid to the essential facilities doctrine, including pricing methodologies for access to IP. Many recent decisions and judgments are put into a coherent analytical framework, such as IMS Health, AstraZeneca, GlaxoSmithKline (in the EU), Apple (France), Orange Book Standard (Germany), Trinko, Rambus, NYMEX, eBay (US), Microsoft and IBM/T3 (both EU and US). Further topics covered include: IP protection for software, interoperability information and databases; industry-specific tailoring of IP; antitrust innovation market analysis; and the WTO law on the IP/antitrust interface.
Book Synopsis Comparative Patent Remedies by : Thomas F. Cotter
Download or read book Comparative Patent Remedies written by Thomas F. Cotter and published by Oxford University Press. This book was released on 2013-03-21 with total page 467 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Comparative Patent Remedies, Thomas Cotter provides a critical and comparative analysis of patent enforcement in the United States and other major patent systems, including the European Union, Japan, Canada, Australia, China, South Korea, Taiwan, and India.
Book Synopsis Pharmaceutical Innovation, Competition and Patent Law by : Josef Drexl
Download or read book Pharmaceutical Innovation, Competition and Patent Law written by Josef Drexl and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public health, safety and access to reasonably priced medicine are common policy goals of pharmaceutical regulations. As both the context for innovation and competitive structure change, industry actors dynamically challenge the balance between the incentive for protection and the achievement of those policy goals. Considering the arguments from the perspectives of innovation, competition law and patent law, this book explores the difficult question of balancing protection with access, highlighting the difficulties in harmonization and coordination. The contributors to this book, including academics, judges and practitioners from Europe, the US and Japan, explore to what extent patent strategies and life-cycle management practices take advantage of patent laws and health-care regulation and disrupt the necessary balance between incentives for innovation and access to affordable medicine and health care. Addressing fundamental questions in the field of pharmaceutical innovation, this book will appeal to scholars and practitioners in intellectual property, competition law and life sciences regulation, as well as pharmaceutical companies and regulators.
Book Synopsis TRIPS and Access to Medicines by : Renata Curzel
Download or read book TRIPS and Access to Medicines written by Renata Curzel and published by Kluwer Law International B.V.. This book was released on 2020-12-10 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although ideally a patent system for pharmaceuticals should serve to incentivize research into the development of new medicines, the COVID-19 pandemic has exposed the equal importance of drug access and affordability. This book, by focusing on the Brazilian rule which makes the grant of pharmaceutical patents dependent on the prior consent of the National Health Surveillance Agency (ANVISA), shows how the Brazilian model affords an example for other countries to follow in dealing with tensions between patent protection and the right to healthcare. Based on an empirical study in which the author examined 147 reports issued by ANVISA as a basis for its decisions, the book deals with such central questions concerning the interface of regulation and innovation in the patent system as the following: compatibility between ANVISA’s prior consent mechanism and the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement; how “evergreening” and “trivial patents” undermine public health and access to medicines; ways of correcting abuses of patent rights and controlling quality of patents; and the discourse on health as a human right. Along with her examination of ANVISA reports, the author analyzes how Article 229-C LPI, which introduced the need of ANVISA’s prior consent to the patent grant of pharmaceuticals in Brazil, has been interpreted in Brazilian case law. Interviews with Brazilian experts are also included. In its commitment to harmonizing patent rights and the right to access of affordable medicines, Brazil’s patent system for pharmaceuticals stands out as a workable response to the basic problem of access to medicines in the developing world. By describing the successes and failures in the Brazilian policy of promoting drug access, this book helps policymakers in developing and emerging countries to better explore TRIPS flexibilities when dealing with similar problems, and provides practitioners in the law of the World Trade Organization, patent law, competition law, and health law with a guide to how a more equitable pharmaceutical patenting system could work in practice.
Book Synopsis Indigenous Peoples, Customary Law and Human Rights – Why Living Law Matters by : Brendan Tobin
Download or read book Indigenous Peoples, Customary Law and Human Rights – Why Living Law Matters written by Brendan Tobin and published by Routledge. This book was released on 2014-08-27 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: This highly original work demonstrates the fundamental role of customary law for the realization of Indigenous peoples’ human rights and for sound national and international legal governance. The book reviews the legal status of customary law and its relationship with positive and natural law from the time of Plato up to the present. It examines its growing recognition in constitutional and international law and its dependence on and at times strained relationship with human rights law. The author analyzes the role of customary law in tribal, national and international governance of Indigenous peoples’ lands, resources and cultural heritage. He explores the challenges and opportunities for its recognition by courts and alternative dispute resolution mechanisms, including issues of proof of law and conflicts between customary practices and human rights. He throws light on the richness inherent in legal diversity and key principles of customary law and their influence in legal practice and on emerging notions of intercultural equity and justice. He concludes that Indigenous peoples’ rights to their customary legal regimes and states’ obligations to respect and recognize customary law, in order to secure their human rights, are principles of international customary law, and as such binding on all states. At a time when the self-determination, land, resources and cultural heritage of Indigenous peoples are increasingly under threat, this accessible book presents the key issues for both legal and non-legal scholars, practitioners, students of human rights and environmental justice, and Indigenous peoples themselves.
Book Synopsis Common Pools of Genetic Resources by : Evanson Chege Kamau
Download or read book Common Pools of Genetic Resources written by Evanson Chege Kamau and published by Routledge. This book was released on 2013-07-18 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Convention on Biological Diversity (CBD) strives for the sustainable and equitable utilization of genetic resources, with the ultimate goal of conserving biodiversity. The CBD and the Nagoya Protocol which has since been elaborated suggest a bilateral model for access to genetic resources and the sharing of benefits from their utilization. There is concern that the bilateral exchange "genetic resource for benefit sharing" could have disappointing results because providers are left out of the process of research and development, benefits are difficult to be traced to sources, and providers owning the same resource may complain of being excluded from benefit sharing. Thus, the CBD objective of full utilization and equitability may become flawed. Common Pools of Genetic Resources: Equity and Innovation in International Biodiversity Law suggests common pools as a complementary approach to bilateralism. This is one of the first books to reply to a number of complex legal questions related to the interpretation and implementation of the Nagoya Protocol. Taking an inductive approach, it describes existing pools and analyzes how they are organized and how they perform in terms of joint R&D and benefit sharing. It presents case studies of the most characteristic types of common pools, provides suggestions for further developing existing pools to cope with the requirements of the CBD and NP and, at the same time uses the clauses these conventions contain to open up for commons approaches. Written by a team of expert academics and practitioners in the field, this innovative book makes a timely and valuable contribution to academic and policy debates in international environmental law, international biodiversity law, intellectual property law, climate law and the law of indigenous populations.
Book Synopsis The Foundations of EU Data Protection Law by : Orla Lynskey
Download or read book The Foundations of EU Data Protection Law written by Orla Lynskey and published by Oxford University Press. This book was released on 2015 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nearly two decades after the EU first enacted data protection rules, key questions about the nature and scope of this EU policy, and the harms it seeks to prevent, remain unanswered. The inclusion of a Right to Data Protection in the EU Charter has increased the salience of these questions, which must be addressed in order to ensure the legitimacy, effectiveness and development of this Charter right and the EU data protection regime more generally. The Foundations of EU Data Protection Law is a timely and important work which sheds new light on this neglected area of law, challenging the widespread assumption that data protection is merely a subset of the right to privacy. By positioning EU data protection law within a comprehensive conceptual framework, it argues that data protection has evolved from a regulatory instrument into a fundamental right in the EU legal order and that this right grants individuals more control over more forms of data than the right to privacy. It suggests that this dimension of the right to data protection should be explicitly recognized, while identifying the practical and conceptual limits of individual control over personal data. At a time when EU data protection law is sitting firmly in the international spotlight, this book offers academics, policy-makers, and practitioners a coherent vision for the future of this key policy and fundamental right in the EU legal order, and how best to realize it.
Book Synopsis Promoting Sustainable Innovations in Plant Varieties by : Mrinalini Kochupillai
Download or read book Promoting Sustainable Innovations in Plant Varieties written by Mrinalini Kochupillai and published by Springer. This book was released on 2016-07-28 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book develops the term ‘Sustainable Innovations’ and defines it on the basis of plant variety innovations that, by their very nature, (i) permit the in situ conservation of agrobiodiversity and genetic variability in diverse geographic and climatic conditions, (ii) do not exclude any potential innovators from the process of innovation, and thereby (iii) ensure that both formal and informal innovations can continue to take place in the generations to come (in both the developed and developing world). The book studies the Indian Plant Variety Protection Act, the UPOV Acts and associated agricultural policies from a legal, philosophical, historical and economic perspective with the aim of determining the means of promoting sustainable innovations in plant varieties and identifying laws, policies and practices that are currently acting as impediments to promoting the same.
Book Synopsis Transnational Corporations and Innovatory Activities by : John Cantwell
Download or read book Transnational Corporations and Innovatory Activities written by John Cantwell and published by Taylor & Francis US. This book was released on 1994 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Roles of Innovation in Competition Law Analysis by : Paul Nihoul
Download or read book The Roles of Innovation in Competition Law Analysis written by Paul Nihoul and published by Edward Elgar Publishing. This book was released on 2018 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rapid technological innovations have challenged the conventional application of antitrust and competition law across the globe. Acknowledging these challenges, this original work analyses the roles of innovation in competition law analysis and reflects on how competition and antitrust law can be refined and tailored to innovation.
