Patent Pools Competition Law And Biotechnology

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Patent Pools, Competition Law and Biotechnology

Author : Devdatta Malshe
Publisher : Routledge
ISBN 13 : 0429016166
Total Pages : 153 pages
Book Rating : 4.4/5 (29 download)

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Book Synopsis Patent Pools, Competition Law and Biotechnology by : Devdatta Malshe

Download or read book Patent Pools, Competition Law and Biotechnology written by Devdatta Malshe and published by Routledge. This book was released on 2018-05-15 with total page 153 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring the relationship between competition law and technology pools, this book provides general-purpose details of the biotechnology patent pool scheme while discussing historical developments, approaches of the US Department of Justice, Federal Trade Commission, and the European Union Competition Commission via EU regulations. In addition to these regulatory approaches and evolution in concept and theory of technology pools, this book illustrates relationship issues including tying arrangements and essential facility consideration vis-à-vis technology pools. It analyzes the modalities of forming such pools in the area of biotechnology, specifically illustrating that the formation of technology pools is possible and can be safely undertaken, and proposes a viable solution and structure. Patent pools in the biotechnology industry will pave the way towards open collaborative research, reducing patent thickets. Formation of such pools will increase access to various technology and patents otherwise out of bounds, resulting in a reduction of licensing costs and a spur in the development of new solutions. Most importantly, such pools will reduce the frequency of patent toll gates, making the entire spectrum of research interesting from the perspective of researchers as well as investors. This book will be an aid to researchers studying intellectual property, patents, and biotechnology, as well as to interest groups including funding agencies, venture funds, angel investors, and proponents of the open-source movement.

Technology Pooling Licensing Agreements

Author : Monica Armillotta
Publisher : Nomos Verlagsgesellschaft
ISBN 13 : 9783832959760
Total Pages : 0 pages
Book Rating : 4.9/5 (597 download)

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Book Synopsis Technology Pooling Licensing Agreements by : Monica Armillotta

Download or read book Technology Pooling Licensing Agreements written by Monica Armillotta and published by Nomos Verlagsgesellschaft. This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In patent communities, several patentees cooperate contractually to license the respective patented technologies to third parties. In consideration of the rising relevance of this business practice, this dissertation discusses crucial courses and strategic considerations - which are the basis for the establishment of patent communities, both in legal and empirical regard - in order to identify the optimal conditions for successful conversion in a competitive surrounding. Thus, the best conditions for the promotion of innovation are to be created. In this regard, the composition and the structure are examined within such communities, with special consideration of the nature of the contained technologies (e.g. "complementary" contrary to "substitute" technologies). Furthermore, the study is completed by taking into account the regulation of the EU and of the US. Dissertation.

Genes and Ingenuity

Author : Australia. Law Reform Commission
Publisher : Virago Press
ISBN 13 :
Total Pages : 690 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Genes and Ingenuity by : Australia. Law Reform Commission

Download or read book Genes and Ingenuity written by Australia. Law Reform Commission and published by Virago Press. This book was released on 2004 with total page 690 pages. Available in PDF, EPUB and Kindle. Book excerpt: Report of an inquiry concerned with two broad issues: the patenting of genetic materials and technologies, and the exploitation of these patents and the distinction that can and possibly should be made between discoveries and inventions when referring to claims over genetic sequences.

The Cambridge Handbook of Public-Private Partnerships, Intellectual Property Governance, and Sustainable Development

Author : Margaret Chon
Publisher : Cambridge University Press
ISBN 13 : 1316811999
Total Pages : 811 pages
Book Rating : 4.3/5 (168 download)

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Book Synopsis The Cambridge Handbook of Public-Private Partnerships, Intellectual Property Governance, and Sustainable Development by : Margaret Chon

Download or read book The Cambridge Handbook of Public-Private Partnerships, Intellectual Property Governance, and Sustainable Development written by Margaret Chon and published by Cambridge University Press. This book was released on 2018-09-20 with total page 811 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public–private partnerships (PPPs) play an increasingly prominent role in addressing global development challenges. United Nations agencies and other organizations are relying on PPPs to improve global health, facilitate access to scientific information, and encourage the diffusion of climate change technologies. For this reason, the 2030 Agenda for Sustainable Development highlights their centrality in the implementation of the Sustainable Development Goals (SDGs). At the same time, the intellectual property dimensions and implications of these efforts remain under-examined. Through selective case studies, this illuminating work contributes to a better understanding of the relationships between PPPs and intellectual property considered within a global knowledge governance framework, that includes innovation, capacity-building, technological learning, and diffusion. Linking global governance of knowledge via intellectual property to the SDGs, this is the first book to chart the activities of PPPs at this important nexus.

Biotechnology and the Patent System

Author : Claude E. Barfield
Publisher : A E I Press
ISBN 13 : 9780844742564
Total Pages : 116 pages
Book Rating : 4.7/5 (425 download)

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Book Synopsis Biotechnology and the Patent System by : Claude E. Barfield

Download or read book Biotechnology and the Patent System written by Claude E. Barfield and published by A E I Press. This book was released on 2007 with total page 116 pages. Available in PDF, EPUB and Kindle. Book excerpt: American patent law has reached an unprecedented crossroads, prodded by a landmark Supreme Court decision this spring and the prospect of sweeping new federal legislation this fall. At this critical time, Biotechnology and the Patent System: Balancing Innovation and Property Rights provides a timely look at the complex issues involved in making patent law for cutting-edge high-tech industries such as the biotechnology and computer software sectors.

Innovation and Its Discontents

Author : Adam B. Jaffe
Publisher : Princeton University Press
ISBN 13 : 1400837340
Total Pages : 253 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis Innovation and Its Discontents by : Adam B. Jaffe

Download or read book Innovation and Its Discontents written by Adam B. Jaffe and published by Princeton University Press. This book was released on 2011-05-27 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United States patent system has become sand rather than lubricant in the wheels of American progress. Such is the premise behind this provocative and timely book by two of the nation's leading experts on patents and economic innovation. Innovation and Its Discontents tells the story of how recent changes in patenting--an institutional process that was created to nurture innovation--have wreaked havoc on innovators, businesses, and economic productivity. Jaffe and Lerner, who have spent the past two decades studying the patent system, show how legal changes initiated in the 1980s converted the system from a stimulator of innovation to a creator of litigation and uncertainty that threatens the innovation process itself. In one telling vignette, Jaffe and Lerner cite a patent litigation campaign brought by a a semi-conductor chip designer that claims control of an entire category of computer memory chips. The firm's claims are based on a modest 15-year old invention, whose scope and influenced were broadened by secretly manipulating an industry-wide cooperative standard-setting body. Such cases are largely the result of two changes in the patent climate, Jaffe and Lerner contend. First, new laws have made it easier for businesses and inventors to secure patents on products of all kinds, and second, the laws have tilted the table to favor patent holders, no matter how tenuous their claims. After analyzing the economic incentives created by the current policies, Jaffe and Lerner suggest a three-pronged solution for restoring the patent system: create incentives to motivate parties who have information about the novelty of a patent; provide multiple levels of patent review; and replace juries with judges and special masters to preside over certain aspects of infringement cases. Well-argued and engagingly written, Innovation and Its Discontents offers a fresh approach for enhancing both the nation's creativity and its economic growth.

Global Dimensions of Intellectual Property Rights in Science and Technology

Author : National Research Council
Publisher : National Academies Press
ISBN 13 : 0309048338
Total Pages : 457 pages
Book Rating : 4.3/5 (9 download)

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Book Synopsis Global Dimensions of Intellectual Property Rights in Science and Technology by : National Research Council

Download or read book Global Dimensions of Intellectual Property Rights in Science and Technology written by National Research Council and published by National Academies Press. This book was released on 1993-02-01 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: As technological developments multiply around the globeâ€"even as the patenting of human genes comes under serious discussionâ€"nations, companies, and researchers find themselves in conflict over intellectual property rights (IPRs). Now, an international group of experts presents the first multidisciplinary look at IPRs in an age of explosive growth in science and technology. This thought-provoking volume offers an update on current international IPR negotiations and includes case studies on software, computer chips, optoelectronics, and biotechnologyâ€"areas characterized by high development cost and easy reproducibility. The volume covers these and other issues: Modern economic theory as a basis for approaching international IPRs. U.S. intellectual property practices versus those in Japan, India, the European Community, and the developing and newly industrializing countries. Trends in science and technology and how they affect IPRs. Pros and cons of a uniform international IPRs regime versus a system reflecting national differences.

Patent Pledges

Author : Jorge L. Contreras
Publisher : Edward Elgar Publishing
ISBN 13 : 1785362496
Total Pages : 360 pages
Book Rating : 4.7/5 (853 download)

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Book Synopsis Patent Pledges by : Jorge L. Contreras

Download or read book Patent Pledges written by Jorge L. Contreras and published by Edward Elgar Publishing. This book was released on 2017-03-31 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: Patent holders are increasingly making voluntary, public commitments to limit the enforcement and other exploitation of their patents. The best-known form of patent pledge is the so-called FRAND commitment, in which a patent holder commits to license patents to manufacturers of standardized products on terms that are “fair, reasonable and non-discriminatory.” Patent pledges have also been appearing in fields well beyond technical standard-setting, including open source software, green technology and the biosciences. This book explores the motivations, legal characteristics and policy goals of these increasingly popular private ordering tools.

Patent Assertion Entities and Competition Policy

Author : D. Daniel Sokol
Publisher : Cambridge University Press
ISBN 13 : 1316861902
Total Pages : 326 pages
Book Rating : 4.3/5 (168 download)

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Book Synopsis Patent Assertion Entities and Competition Policy by : D. Daniel Sokol

Download or read book Patent Assertion Entities and Competition Policy written by D. Daniel Sokol and published by Cambridge University Press. This book was released on 2017-01-26 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: Patent assertion entities (commonly known as 'patent trolls') hurt competition and innovation. This book, the first to analyze the most salient issues related to patent assertion entities around the world, integrates economic theory with economic and legal reality to examine how the entities function and their impact on competition. It also offers legal and policy solutions that might be used to combat them. Edited by D. Daniel Sokol, the volume collects chapters from an array of leading scholars who describe patent assertion entities in the United States, Europe, Korea, Taiwan, Japan, and China, while offering empirical accounts of the entities' economic consequences and their use of litigation as a means of legal extortion against many of the most innovative companies in the world, from startups to multinationals. It should be read by anyone interested in how patent assertion entities operate and how they might be stopped.

Research Handbook on Intellectual Property and the Life Sciences

Author : Duncan Matthews
Publisher : Edward Elgar Publishing
ISBN 13 : 1783479450
Total Pages : 529 pages
Book Rating : 4.7/5 (834 download)

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Book Synopsis Research Handbook on Intellectual Property and the Life Sciences by : Duncan Matthews

Download or read book Research Handbook on Intellectual Property and the Life Sciences written by Duncan Matthews and published by Edward Elgar Publishing. This book was released on 2017-06-30 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intellectual property (IP) is a key component of the life sciences, one of the most dynamic and innovative fields of technology today. At the same time, the relationship between IP and the life sciences raises new public policy dilemmas. The Research Handbook on Intellectual Property and the Life Sciences comprises contributions by leading experts from academia and industry to provide in-depth analyses of key topics including pharmaceuticals, diagnostics and genes, plant innovations, stem cells, the role of competition law and access to medicines. The Research Handbook focuses on the relationship between IP and the life sciences in Europe and the United States, complemented by country-specific case studies on Australia, Brazil, China, India, Japan, Kenya, South Africa and Thailand to provide a truly international perspective.

Patent Failure

Author : James Bessen
Publisher : Princeton University Press
ISBN 13 : 1400828694
Total Pages : 346 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis Patent Failure by : James Bessen

Download or read book Patent Failure written by James Bessen and published by Princeton University Press. This book was released on 2009-08-03 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, business leaders, policymakers, and inventors have complained to the media and to Congress that today's patent system stifles innovation instead of fostering it. But like the infamous patent on the peanut butter and jelly sandwich, much of the cited evidence about the patent system is pure anecdote--making realistic policy formation difficult. Is the patent system fundamentally broken, or can it be fixed with a few modest reforms? Moving beyond rhetoric, Patent Failure provides the first authoritative and comprehensive look at the economic performance of patents in forty years. James Bessen and Michael Meurer ask whether patents work well as property rights, and, if not, what institutional and legal reforms are necessary to make the patent system more effective. Patent Failure presents a wide range of empirical evidence from history, law, and economics. The book's findings are stark and conclusive. While patents do provide incentives to invest in research, development, and commercialization, for most businesses today, patents fail to provide predictable property rights. Instead, they produce costly disputes and excessive litigation that outweigh positive incentives. Only in some sectors, such as the pharmaceutical industry, do patents act as advertised, with their benefits outweighing the related costs. By showing how the patent system has fallen short in providing predictable legal boundaries, Patent Failure serves as a call for change in institutions and laws. There are no simple solutions, but Bessen and Meurer's reform proposals need to be heard. The health and competitiveness of the nation's economy depend on it.

Reaping the Benefits of Genomic and Proteomic Research

Author : National Research Council
Publisher : National Academies Press
ISBN 13 : 0309100674
Total Pages : 189 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Reaping the Benefits of Genomic and Proteomic Research by : National Research Council

Download or read book Reaping the Benefits of Genomic and Proteomic Research written by National Research Council and published by National Academies Press. This book was released on 2006-04-09 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: The patenting and licensing of human genetic material and proteins represents an extension of intellectual property (IP) rights to naturally occurring biological material and scientific information, much of it well upstream of drugs and other disease therapies. This report concludes that IP restrictions rarely impose significant burdens on biomedical research, but there are reasons to be apprehensive about their future impact on scientific advances in this area. The report recommends 13 actions that policy-makers, courts, universities, and health and patent officials should take to prevent the increasingly complex web of IP protections from getting in the way of potential breakthroughs in genomic and proteomic research. It endorses the National Institutes of Health guidelines for technology licensing, data sharing, and research material exchanges and says that oversight of compliance should be strengthened. It recommends enactment of a statutory exception from infringement liability for research on a patented invention and raising the bar somewhat to qualify for a patent on upstream research discoveries in biotechnology. With respect to genetic diagnostic tests to detect patient mutations associated with certain diseases, the report urges patent holders to allow others to perform the tests for purposes of verifying the results.

Competition Law and Patents

Author : Irina Haracoglou
Publisher : Edward Elgar Publishing
ISBN 13 : 1848440111
Total Pages : 272 pages
Book Rating : 4.8/5 (484 download)

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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.

Patents in the Knowledge-Based Economy

Author : National Research Council
Publisher : National Academies Press
ISBN 13 : 0309167183
Total Pages : 352 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Patents in the Knowledge-Based Economy by : National Research Council

Download or read book Patents in the Knowledge-Based Economy written by National Research Council and published by National Academies Press. This book was released on 2003-08-11 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume assembles papers commissioned by the National Research Council's Board on Science, Technology, and Economic Policy (STEP) to inform judgments about the significant institutional and policy changes in the patent system made over the past two decades. The chapters fall into three areas. The first four chapters consider the determinants and effects of changes in patent "quality." Quality refers to whether patents issued by the U.S. Patent and Trademark Office (USPTO) meet the statutory standards of patentability, including novelty, nonobviousness, and utility. The fifth and sixth chapters consider the growth in patent litigation, which may itself be a function of changes in the quality of contested patents. The final three chapters explore controversies associated with the extension of patents into new domains of technology, including biomedicine, software, and business methods.

Public Health, Innovation and Intellectual Property Rights

Author :
Publisher : WHO
ISBN 13 : 9789241563239
Total Pages : 204 pages
Book Rating : 4.5/5 (632 download)

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Book Synopsis Public Health, Innovation and Intellectual Property Rights by :

Download or read book Public Health, Innovation and Intellectual Property Rights written by and published by WHO. This book was released on 2006-01-01 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Commission was established by the World Health Assembly in 2003 to: "...collect data and proposals from the different actors involved and produce an analysis of intellectual property rights, innovation, and public health, including the question of appropriate funding and incentive mechanisms for the creation of new medicines and other products against diseases that disproportionately affect developing countries..." This report looks at the process of innovation, the path to application and the ways of getting products to patients, ways of fostering innovation in developing countries, and ways to promote both innovation and access

Technology Transfer in Biotechnology

Author : Prabuddha Ganguli
Publisher : John Wiley & Sons
ISBN 13 : 3527627316
Total Pages : 232 pages
Book Rating : 4.5/5 (276 download)

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Book Synopsis Technology Transfer in Biotechnology by : Prabuddha Ganguli

Download or read book Technology Transfer in Biotechnology written by Prabuddha Ganguli and published by John Wiley & Sons. This book was released on 2009-04-22 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Here, the world's top experts impart their knowledge and experience, many in print for the first time. By considering developing country markets, this book is the first truly global guide to technology transfer, helping companies all around the world to avoid costly mistakes in product development and to recover investments quickly. Individual sections treat trade-related aspects of intellectual property rights, technology transfer in health and healthcare as well as in agriculture and the environment.

Intellectual Property and Biodiversity

Author : Michelangelo Temmerman
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041142878
Total Pages : 348 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Intellectual Property and Biodiversity by : Michelangelo Temmerman

Download or read book Intellectual Property and Biodiversity written by Michelangelo Temmerman and published by Kluwer Law International B.V.. This book was released on 2011-12-12 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: Biotechnology is at the heart of heated debates about ethics, safety, economic development, and about the control over the biological materials and technologies used. The latter, grossly called biodiversity issues relating to the application of intellectual property, has been the subject of a wealth of literature. Yet, the situation of animal genetic resources specifically has only marginally been addressed so far. Many books and articles address ‘biotechnology and agriculture’, but have only plants and seeds in mind. Case-law and specific regulation is equally scarce. Exacerbated by the so-called ‘erosion of animal genetic resources’, climate change, the globalization of the market-place, and a strong concentration of markets, animal genetic resources however demand specific analysis and adjustments in intellectual property law. The decoupling of rights over animal genetic resources as an abstract concept, from those over the concrete animals is a fact today. The application of patents in this context became a full-fledged part of the management of animal genetic resources. This monograph analyzes against this background the impact of the patent system on ownership traditions in agriculture, on animal welfare, and on biodiversity. It looks at how those factors in turn are likely to affect the shape of patent law, and how they should affect it. The author hereby focuses on important specific issues arising, including the following: the underlying elements deciding on the shape of regulation – innovation, economic development, agriculture, human rights, animal welfare, the conservation of resources, and equal trading conditions; the continuing applicability of trademarks, geographical indications, copyright, and trade secrets; patentability rules and exclusions; the extension of patent rights over progeny; the meaning of ‘essentially biotechnological processes’; the legal definitions of ‘morality’ and ‘ordre public’ in the context of animal welfare; and the future of international patent law in the context of global governance theories. With detailed investigation of how three major jurisdictions – the European Union, the United States, and Canada – have regulated the matter, the book highlights unresolved issues in the laws dealing with animal genetic resources. How do the usual principles of patent law affect ownership over animals in agriculture? To what extent is patent law in accordance with neighbouring fields of regulation, with relation to animal welfare? How can intellectual property be used to alter, stimulate, or tackle developments in the realm of the conservation and promotion of biodiversity? Questions like these are asked, checked upon the more technical country studies; and then used to put to test the adequacy of international patent regulation in a final chapter. As a deeply informed overview of the arguments and discussion points, this is the only book of its kind. It links general discussions to the often technical and complicated patent regulations, in the specific context of animal genetic resources. It is sure to bring lawyers in the field closer to the policy debates; and decision makers closer to the precise idiosyncrasies of patent law.