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| Author | : Devdatta Malshe |
| Publisher | : Routledge |
| Total Pages | : 102 |
| Release | : 2018-05-15 |
| Genre | : Law |
| ISBN | : 0429016166 |
Download Patent Pools, Competition Law and Biotechnology Book in PDF, ePub and Kindle
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.
| Author | : Geertrui van Overwalle |
| Publisher | : Cambridge University Press |
| Total Pages | : 517 |
| Release | : 2009-06-11 |
| Genre | : Law |
| ISBN | : 0521896738 |
Download Gene Patents and Collaborative Licensing Models Book in PDF, ePub and Kindle
The cost of patent licenses needed to design a new genetic test or treatment may ultimately prevent research projects getting started, as individual components are protected by different patent owners. This book examines legal measures which might be used to solve the problem of fragmentation of patents in genetics.
| Author | : Irina Haracoglou |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 272 |
| Release | : 2008-01-01 |
| Genre | : Law |
| ISBN | : 1848440111 |
Download Competition Law and Patents Book in PDF, ePub and Kindle
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.
| Author | : Arezzo, E. Ghidini, G. |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 361 |
| Release | : 2011 |
| Genre | : Law |
| ISBN | : 0857938037 |
Download Biotechnology and Software Patent Law Book in PDF, ePub and Kindle
'The art of editing is to bring contributions together, which melt into one book. This is what Emanuela Arezzo and Gustavo Ghidini have achieved with their own critical mind by composing a book of papers, in which internationally renowned experts measure the tensions created for the patent system by the needs and problems of protecting biotechnological and software inventions. All together, they present a comparative law challenge to the very fundaments of patent protection. As such, they are or may become a "must read".' Hanns Ullrich, College of Europe, Bruges, Belgium 'Arezzo and Ghidini have put together a fine collection of essays addressing developments in patent law from general themes to emerging ones in the infotech and biotech sectors. It is notable that the international array of authors includes contributions from both established and rising young scholars, all of them ably tackling difficult issues that merit our attention.' Rudolph J.R. Peritz, New York Law School, US The new millennium has carried several challenges for patent law. This up-to-date book provides readers with an important overview of the most critical issues patent law is still facing today at the beginning of the twenty first century, on both sides of the Atlantic. New technological sectors have emerged, each one with its own features with regard to innovation process and pace. From the most controversial cases in biotech to the most recent decisions in the field of software and business methods patent, patent law has tried to stretch its boundaries in a way to accommodate such new and controversial subject matters into its realm. Biotechnology and Software Patent Law will strongly appeal to postgraduate students specializing in IP law, international law, commercial and business law, competition law as well as IP scholars, academics and lawyers.
| Author | : Björn Lundqvist |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 576 |
| Release | : 2031-05-30 |
| Genre | : Law |
| ISBN | : 9780198724827 |
Download Competition Law and IP Rights in Pharmaceuticals and Biotechnology Book in PDF, ePub and Kindle
A comprehensive analysis of European competition law and intellectual property law issues affecting the pharmaceutical and biotechnology sectors, offering both theoretical and practical perspectives.
| Author | : |
| Publisher | : |
| Total Pages | : |
| Release | : 2001 |
| Genre | : |
| ISBN | : |
Download Patent Pools and Competition Law Book in PDF, ePub and Kindle
In the past decade, we have seen a resurgence of patent pools. These pools have emerged in our high-tech world to overcome a number of transaction costs involved in assembling patents necessary for the creation of new technologies. While patent pools can be pro-competitive; they can also present a number of anti-competitive features, such as sheltering collusion and eliminating competition between rival firms. This has been said to explain the enormous swings in the analytical approach of enforcement agencies with respect to patent pools. The introduction of the Antitrust Guidelines for the Licensing of Intellectual Property by American competition authorities marked an important shift in patent pool enforcement, reflecting the view that intellectual property and competition law are actually complementary, both seeking to enhance innovation as well as competition. Based on these Guidelines, enforcement agencies' identified potential problems and have offered a number of guiding principles and recommendations - in the form of Business Review Letters - to help pooling parties avoid running afoul of competition law. A review of some of these guidelines reveals that following them indiscriminately, without regard to the particular circumstances, can in fact have a negative impact on innovation and industry. Four areas where a clarification and refinement of policy are necessary are highlighted; namely, the essentiality doctrine, pool, independent licensing and grantback clauses. We maintain that guidance from the competition authorities is too rigid, and that a more carefully tailored approach is necessary to achieve an optimal outcome in both competition and innovation.
| Author | : Duncan Matthews |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 529 |
| Release | : 2017-06-30 |
| Genre | : Law |
| ISBN | : 1783479450 |
Download Research Handbook on Intellectual Property and the Life Sciences Book in PDF, ePub and Kindle
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.
| Author | : N. S. Sreenivasulu |
| Publisher | : Manupatra |
| Total Pages | : 264 |
| Release | : 2008 |
| Genre | : Biotechnology |
| ISBN | : 8189542311 |
Download Biotechnology and Patent Law Book in PDF, ePub and Kindle
| Author | : Gian Luca Pastuglia |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2013 |
| Genre | : |
| ISBN | : |
Download Patent Pools Book in PDF, ePub and Kindle
The current proliferation of intellectual property rights is hindering the smooth functioning of high-technology markets. When too many patents cover a single technology, licensees incur considerable transaction costs, as well as litigation risks. Patent pools constitute an effective method to address the inefficiencies associated with patent thickets, by aggregating all the patents necessary to realize a single technology. On both sides of the Atlantic, antitrust regulation provides a detailed legal framework on patent pools, focusing on the analysis of the competitive relationship among the patents combined. In this regard, the EU Commission and the US Department of Justice similarly require that patent holders include only essential patents in the pool portfolio. Several factors, however, shows the artificiality of the essentiality-based approach. For this reason, the Court of Appeals for the Federal Circuit recently departed from such formalistic models and valorized the role of pools in creating certainty in fragmented technology markets. EU competition law should inaugurate a new antitrust policy towards patent pools, so that the diffusion of new technology and sequential innovation processes would be promoted. A closer look at the current regulation may reveal alternative criteria, which would allow the incorporation of “important” improvements in the pool.
| Author | : Josef Drexl |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 347 |
| Release | : 2013-01-01 |
| Genre | : Law |
| ISBN | : 0857932462 |
Download Pharmaceutical Innovation, Competition and Patent Law Book in PDF, ePub and Kindle
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.
