Patent Pools, Competition Law and Biotechnology
Title | Patent Pools, Competition Law and Biotechnology PDF eBook |
Author | Devdatta Malshe |
Publisher | Routledge |
Pages | 153 |
Release | 2018-05-15 |
Genre | Law |
ISBN | 0429016166 |
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
Title | Technology Pooling Licensing Agreements PDF eBook |
Author | Monica Armillotta |
Publisher | Nomos Verlagsgesellschaft |
Pages | 0 |
Release | 2010 |
Genre | Intellectual Property Law |
ISBN | 9783832959760 |
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
Title | Genes and Ingenuity PDF eBook |
Author | Australia. Law Reform Commission |
Publisher | Virago Press |
Pages | 690 |
Release | 2004 |
Genre | Genes |
ISBN |
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
Title | The Cambridge Handbook of Public-Private Partnerships, Intellectual Property Governance, and Sustainable Development PDF eBook |
Author | Margaret Chon |
Publisher | Cambridge University Press |
Pages | 811 |
Release | 2018-09-20 |
Genre | Law |
ISBN | 1316811999 |
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
Title | Biotechnology and the Patent System PDF eBook |
Author | Claude E. Barfield |
Publisher | A E I Press |
Pages | 116 |
Release | 2007 |
Genre | Law |
ISBN | 9780844742564 |
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
Title | Innovation and Its Discontents PDF eBook |
Author | Adam B. Jaffe |
Publisher | Princeton University Press |
Pages | 253 |
Release | 2011-05-27 |
Genre | Business & Economics |
ISBN | 1400837340 |
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.
Patent Assertion Entities and Competition Policy
Title | Patent Assertion Entities and Competition Policy PDF eBook |
Author | D. Daniel Sokol |
Publisher | Cambridge University Press |
Pages | 326 |
Release | 2017-01-26 |
Genre | Law |
ISBN | 1316861902 |
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.