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To Promote Innovation The Proper Balance Of Competition And Patent Law And Policy A Report By The Federal Trade Commission
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Author :United States. Federal Trade Commission Publisher :DIANE Publishing ISBN 13 :1428950346 Total Pages :315 pages Book Rating :4.4/5 (289 download)
Book Synopsis To promote innovation the proper balance of competition and patent law and policy : a report by the Federal Trade Commission. by : United States. Federal Trade Commission
Download or read book To promote innovation the proper balance of competition and patent law and policy : a report by the Federal Trade Commission. written by United States. Federal Trade Commission and published by DIANE Publishing. This book was released on 2003 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis To Promote Innovation by : United States. Federal Trade Commission
Download or read book To Promote Innovation written by United States. Federal Trade Commission and published by . This book was released on 2003 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This report by the Federal Trade Commission (FTC) discusses and makes recommendations for the patent system to maintain a proper balance with competition law and policy.
Book Synopsis Evolving IP Marketplace by : Suzanne Michael
Download or read book Evolving IP Marketplace written by Suzanne Michael and published by DIANE Publishing. This book was released on 2011-05 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report recommends improvements to two areas of patent law policies affecting how well a patent gives notice to the public of what technology is protected and remedies for patent infringement. The report provides valuable insights on how courts can reform the patent system to best serve consumers. It recognizes that patents play a critical role in encouraging innovation, but it also observes that some strategies by patent holders risk distorting competition and deterring innovation. This is especially true for activity driven by poor patent notice, and by remedies that do not align the compensation received by patent holders for infringement with the economic value of their patented inventions. This is a print on demand report.
Author :United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, the Internet, and Intellectual Property Publisher : ISBN 13 : Total Pages :120 pages Book Rating :4.0/5 ( download)
Book Synopsis American Innovation at Risk by : United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, the Internet, and Intellectual Property
Download or read book American Innovation at Risk written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, the Internet, and Intellectual Property and published by . This book was released on 2007 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Generic drug entry prior to patent expiration an FTC study by :
Download or read book Generic drug entry prior to patent expiration an FTC study written by and published by DIANE Publishing. This book was released on 2002 with total page 129 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Competition Law of Canada by : Calvin S. Goldman
Download or read book Competition Law of Canada written by Calvin S. Goldman and published by Juris Publishing, Inc.. This book was released on 2013-12-01 with total page 1264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by leading members of the Competition Practice Groups of Davies Ward Phillps & Vineberg LLP and Blake Cassels & Graydon LLP, Competition Law of Canada is the definitive work on the subject and is recognized by the Canadian legal Expert Directory 2002 as most frequently cited as the leading loose leaf service on Canadian competiton law. Organized in a logical, easily accessible format, this work provides comprehensive analysis, historical perspective and practical examination of Canadian competition law. All the major areas of competition law are examined in individual detailed chapters.
Book Synopsis A Patent System for the 21st Century by : National Research Council
Download or read book A Patent System for the 21st Century written by National Research Council and published by National Academies Press. This book was released on 2004-10-01 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt: The U.S. patent system is in an accelerating race with human ingenuity and investments in innovation. In many respects the system has responded with admirable flexibility, but the strain of continual technological change and the greater importance ascribed to patents in a knowledge economy are exposing weaknesses including questionable patent quality, rising transaction costs, impediments to the dissemination of information through patents, and international inconsistencies. A panel including a mix of legal expertise, economists, technologists, and university and corporate officials recommends significant changes in the way the patent system operates. A Patent System for the 21st Century urges creation of a mechanism for post-grant challenges to newly issued patents, reinvigoration of the non-obviousness standard to quality for a patent, strengthening of the U.S. Patent and Trademark Office, simplified and less costly litigation, harmonization of the U.S., European, and Japanese examination process, and protection of some research from patent infringement liability.
Book Synopsis Blocking Patents in European Competition Law by : Angelika S. Murer
Download or read book Blocking Patents in European Competition Law written by Angelika S. Murer and published by Kluwer Law International B.V.. This book was released on 2021-12-03 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: In practice and jurisprudence in European competition law, it is especially difficult to define the boundaries of patent abuse as an offence. In this thoroughly researched book, the author answers the question of when and how an application for a blocking patent can amount to an abuse of a dominant position under Article 102 TFEU. Drawing on legal literature and European Union (EU) case law, the presentation analyses a constellation of blocking patenting strategies and proposes potential remedies where abuse is involved. With detailed descriptions of the characteristics of potentially abusive and non-abusive behaviour regarding applications for blocking patents, the book provides the following and more: a comprehensive analysis of the case law of the EU courts on the abuse of a dominant position in cases which involve intellectual property rights; insights on how patenting strategies affect competition with a particular focus on the application of blocking patents; an overview of the developments in doctrine and practice which led to the current understanding of the seemingly conflictual goals of competition and intellectual property law; and insights on the difficulties of defining relevant markets and establishing whether an undertaking holds a dominant position. The book illustrates the mechanisms of blocking patenting strategies with examples from the pharmaceutical industry because blocking strategies have particular relevance in applying for patents in that context. A test scheme for analysing the application of a blocking patent under Article 102 TFEU is included. Additionally, the book provides an outlook on the topic of patents and shortages of supply in light of the COVID pandemic. Practitioners and policymakers requiring an understanding of the conceptual framework of the abuse concept within EU competition law and how it relates to patent strategies will welcome this invaluable book. They will not only be able to set the conduct of applying for blocking patents into the Article 102 TFEU context but also have decisive tools to approach questions on the intersection of patent law and competition law in the EU.
Book Synopsis Improving Health Care: A Dose of Competition: A Report by the Federal Trade Commission and the Department of Justice by :
Download or read book Improving Health Care: A Dose of Competition: A Report by the Federal Trade Commission and the Department of Justice written by and published by DIANE Publishing. This book was released on with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Intellectual Property and Climate Change by : Matthew Rimmer
Download or read book Intellectual Property and Climate Change written by Matthew Rimmer and published by Edward Elgar Publishing. This book was released on 2011-11-01 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'An historically grounded study on a cutting-edge topic, Intellectual Property and Climate Change has it all. Not only is it well-written, concise, and hugely informative, it is also a timely intervention addressing truly global challenges. Quite simply, a must-read.' Eva Hemmungs Wirtén, Uppsala University, Sweden 'Rimmer provides a much needed, well written, authoritative book on the intellectual property aspects of climate change, natural disasters, clean vehicles, and renewable energy. The book is essential reading for those wishing to better understand the complex patent issues involved with transitioning away from our current fossil-dominated economy to a more environmentally sustainable and equitable energy future.' Benjamin K. Sovacool, National University of Singapore In the wake of the international summits in Copenhagen and Cancún, there is an urgent need to consider the role of intellectual property law in encouraging research, development, and diffusion of clean technologies to mitigate and adapt to the effects of climate change. This book charts the patent landscapes and legal conflicts emerging in a range of fields of innovation including renewable forms of energy, such as solar power, wind power, and geothermal energy; as well as biofuels, green chemistry, green vehicles, energy efficiency, and smart grids. As well as reviewing key international treaties, this book provides a detailed analysis of current trends in patent policy and administration in key nation states, and offers clear recommendations for law reform. It considers such options as technology transfer, compulsory licensing, public sector licensing, and patent pools; and analyses the development of Climate Innovation Centres, the Eco-Patent Commons, and environmental prizes, such as the L-Prize, the H-Prize, and the X-Prizes. This book will have particular appeal to policy-makers given its focus upon recent legislative developments and reform proposals, as well as legal practitioners by developing a better understanding of recent legal, scientific, and business developments, and how they affect their practice. Innovators, scientists and researchers will also benefit from reading this book.
Book Synopsis Competition Policy and Intellectual Property in Today's Global Economy by : Robert D. Anderson
Download or read book Competition Policy and Intellectual Property in Today's Global Economy written by Robert D. Anderson and published by Cambridge University Press. This book was released on 2021-08-05 with total page 925 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fast-evolving relationship between the promotion of welfare-enhancing competition and the balanced protection of intellectual property (IP) rights has attracted the attention of policymakers, analysts and scholars. This interest is inevitable in an environment that lays ever greater emphasis on the management of knowledge and innovation and on mechanisms to ensure that the public derives the expected social and economic benefits from this innovation and the spread of knowledge. This book looks at the positive linkage between IP and competition in jurisdictions around the world, surveying developments and policy issues from an international and comparative perspective. It includes analysis of key doctrinal and policy issues by leading academics and practitioners from around the globe and a cutting-edge survey of related developments across both developed and developing economies. It also situates current policy developments at the national level in the context of multilateral developments, at WIPO, WTO and elsewhere.
Book Synopsis 2003 Annual Review of Antitrust Law Developments by : American Bar Association
Download or read book 2003 Annual Review of Antitrust Law Developments written by American Bar Association and published by American Bar Association. This book was released on 2004 with total page 516 pages. Available in PDF, EPUB and Kindle. Book excerpt: Antitrust Law Developments and its annual supplements have been recognized as the most authoritative and comprehensive research tools for practitioners, The 2003 Annual Review of Antitrust Law Developements surveys and describes all the significant developments during 2003.
Book Synopsis Intellectual Property, Competition Law and Economics in Asia by : R Ian McEwin
Download or read book Intellectual Property, Competition Law and Economics in Asia written by R Ian McEwin and published by Bloomsbury Publishing. This book was released on 2011-10-07 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book results from a conference held in Singapore in September 2009 that brought together distinguished lawyers and economists to examine the differences and similarities in the intersection between intellectual property and competition laws in Asia. The prime focus was how best to balance these laws to improve economic welfare. Countries in Asia have different levels of development and experience with intellectual property and competition laws. Japan has the longest experience and now vigorously enforces both competition and intellectual property laws. Most other countries in Asia have only recently introduced intellectual property laws (due to the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement) and competition laws (sometimes due to the World Bank, International Monetary Fund or free trade agreements). It would be naïve to think that laws, even if similar on the surface, have the same goals or can be enforced similarly. Countries have differing degrees of acceptance of these laws, different economic circumstances and differing legal and political institutions. To set the scene, Judge Doug Ginsburg, Greg Sidak, David Teece and Bill Kovacic look at the intersection of intellectual property and competition laws in the United States. Next are country chapters on Asia, each jointly authored by a lawyer and an economist. The country chapters outline the institutional background to the intersection in each country, discuss the policy underpinnings (theoretically as well as describing actual policy initiatives), analyse the case law in the area, and make policy prescriptions.
Book Synopsis Intellectual Property and the Limits of Antitrust by : Katarzyna Czapracka
Download or read book Intellectual Property and the Limits of Antitrust written by Katarzyna Czapracka and published by Edward Elgar Publishing. This book was released on 2010-01-01 with total page 165 pages. Available in PDF, EPUB and Kindle. Book excerpt: An excellent account of practice on both sides of the Atlantic regarding the intersection of antitrust and intellectual property rights. The author provides a detailed account of the legal discussion in an economics-informed manner. A must read, as far as I am concerned, for practitioners and academicians alike. Petros C. Mavroidis, Columbia Law School, New York, US, University of Neuch'tel, Switzerland and CEPR, UK This book examines the growing divergences between the EU and the US in their approach to antitrust law enforcement, particularly where it relates to intellectual property (IP) rights. The scope of US antitrust law as defined in the Supreme Court s decisions in Trinko and Credit Suisse Securities is much narrower than the scope of EU competition law. US antitrust enforcers have become increasingly reluctant to apply antitrust rules to regulated markets, whereas the European Commission has consistently used EU competition rules to correct the externalities resulting from government action. The contrasting approaches adopted by US and EU antitrust enforcers to these issues, as with the differences in addressing market dominance, have had a profound impact on the scope of antitrust intervention in the IP field. This book provides an in-depth analysis of the relevant recent developments on both sides of the Atlantic and identifies the pitfalls of regulating IP through competition rules. With a unique comparative perspective, this book will be an invaluable resource for postgraduate students, academics and practitioners in IP and competition law.
Book Synopsis Mueller on Patent Law by : Janice M. Mueller
Download or read book Mueller on Patent Law written by Janice M. Mueller and published by Wolters Kluwer Law & Business. This book was released on 2012 with total page 1902 pages. Available in PDF, EPUB and Kindle. Book excerpt: Basic principles -- Patent claims -- Patent-eligible subject matter --The enablement requirement -- Best mode requirement --Written description of the invention requirement -- Novelty and no loss of right -- Inventorship-- The nonobviousness requirement --The utility requirement -- Patent prosecution procedures in the USPTO -- Double patenting.
Book Synopsis Innovation Markets and Competition Analysis by : Marcus Glader
Download or read book Innovation Markets and Competition Analysis written by Marcus Glader and published by Edward Elgar Publishing. This book was released on 2006-01-01 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book is warmly recommended to practitioners and academics from both the legal and the economic field. Guido Westkamp, Journal of Intellectual Property Law and Practice . . . Glader offers strong commentary and case explanation, coupled with insightful analysis, in this complex area. . . This book is strong on both the relevant law, and the economics arena in which the law must be applied, and deals equally well with the US and EC principles and practice. Mark Furse, European Competition Law Review The pace and scope of technological change is increasing, but some innovative technologies take years before they give rise to saleable products. Before they do, there is competition in ideas and research, but the ideas cannot be market tested, because there are no products or services to offer to consumers. Competition law, in Europe and the USA, cannot be applied to competition in research for innovation as if it was competition between products. Completely different problems arise and a completely different approach is needed. This book, the first on innovation markets, shows how this new approach has been used by competition authorities on both sides of the Atlantic in a wide variety of cases. It analyses in depth and detail the comparative law and economics of the problems arising from the different stages of these markets . It considers how far conclusions can be drawn about the future and comes to interesting, practical and sensible conclusions. And it avoids both unjustified scepticism and exaggerated enthusiasm about the theories of innovation markets. John Temple Lang, Cleary Gottlieb Steen & Hamilton LLP, Brussels and London; Trinity College Dublin, Ireland and Oxford University, UK This book examines the legal standards and their underlying economic rationale for the protection of competition in the innovation process, in both European competition law and American antitrust law. Apart from relevant regulatory frameworks, the author also reviews a range of case laws, which assess whether a transaction or unilateral conduct would limit market participants incentives and abilities for continued innovation and future competition. At the centre of this study is the innovation market concept. This concept entails the delineation, for purposes of antitrust analysis, of an upstream market for competing R&D. Questions of market definition, the assessment of innovation competition in defined markets, the role of efficiencies in the appraisal of transactions and possible remedies to alleviate anti-competitive effects are also explored. Updating the field of research in light of new developments and broadening and deepening the categorization and analysis of the innovation market area, this book will be of great interest to academics, practitioners and consultants, and also public policymakers.
Book Synopsis Competition Policy and Patent Law under Uncertainty by : Geoffrey A. Manne
Download or read book Competition Policy and Patent Law under Uncertainty written by Geoffrey A. Manne and published by Cambridge University Press. This book was released on 2011-06-13 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: Any legal regime must attempt to assess the trade-offs associated with rules that will affect incentives to innovate, allocative efficiency, competition, and freedom of economic actors to commercialize the fruits of their innovative labors. The essays in this book approach this critical set of problems from an economic perspective.
