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the extent and impact of patent holdup and holdout in the ICT sector, and then about how to eliminate or reduce these … made great efforts to solve the issue of patent holdup and holdout, there is still an ongoing struggle among divergent … stakeholders. Patent holdup and holdout directly impacts the innovation and dissemination of patented technology, the harmonization …
Persistent link: https://www.econbiz.de/10011632947
outbreak. Furthermore, it elaborates on patent-related policy options provided by the TRIPS Agreement, and WTO Members …COVID-19, caused by SARS-Cov-2, was declared to be a pandemic by the World Health Organization on 11 March 2020. Since … then, the issue of the relationship between patent protection and the development of and access to medical treatments and …
Persistent link: https://www.econbiz.de/10012303912
The paper critically analyses the various TRIPS provisions relevant to patent law. Topics covered include the … relationship between the TRIPs agreement and other intellectual property treaties, patentable subject matter, patentability … requirements, scope of protection, transfer and (voluntary and compulsory) licensing, exemptions, and patent term …
Persistent link: https://www.econbiz.de/10014188576
Patent thickets may inefficient retard cumulative innovation. This paper explores two alternative mechanisms that may … be used to weed out patent thickets. Both mechanisms are intended to reduce the number of patents in our society. The … more innovative mechanism is quantity based regulation through the establishment of a system of Tradable Patent Rights. The …
Persistent link: https://www.econbiz.de/10014048289
Intellectual Property (TRIPS agreement), as it pertains to the law of patentable subject-matter. Considered a potential harmonizing … instrument, the impact of the TRIPS agreement can largely be evaluated on its ability to set a minimum standard, or clear any … United States, Britain and Australia, to determine what, if any, guidance has come from the TRIPS agreement. In addition, the …
Persistent link: https://www.econbiz.de/10014155101
Drawing on Amartya Sen's discussion of The Bhagavad Gita and Hindu concepts of justice (niti and nyaya), this paper examines ethical issues related to the construction of intellectual property policy. The author analyzes deontic, or duty based, and consequentialist theories of law within the...
Persistent link: https://www.econbiz.de/10014158442
. Domestic innovation is measured as citation-weighted domestic patents filed at the European Patent Office (EPO): to account for … to patent at the EPO. Results show that, in the short-run, IPR stimulate innovation. The effect for developing countries …
Persistent link: https://www.econbiz.de/10011509446
other types of mechanisms in regulatory laws that provide patent-like protection or further strengthen existing patent … drug companies: data exclusivity and patent linkage. As noted in earlier chapters (separately posted on SSRN), not all … included in FTAs that impose TRIPS-Plus requirements. Because these protections may be additional hurdles to generic …
Persistent link: https://www.econbiz.de/10014177280
Since the Federal Circuit’s 2007 In re Bilski decision and the Supreme Court’s 2008 Bilski v. Kappos decision, patent … law’s subject-matter eligibility standard under 35 U.S.C. § 101 has been uncertain. This paper posits patent law's patent …. Somewhat analogous to copyright law, it also presents a Downward Patent-Eligibility Hand Abstractions Test from an alleged …
Persistent link: https://www.econbiz.de/10014156915
The United States has gone from a net – and frequently illegal – importer of intellectual property (IP) to the World … intellectual property coalitions that fought these battles have splintered with copyright and patent holders pursuing initiatives … cohesiveness of their coalition. Patent interests groups, which are splintered, have struggled to obtain comparatively modest …
Persistent link: https://www.econbiz.de/10014161916