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This chapter builds upon the basic rules for compulsory licenses under TRIPS (available at http://ssrn.com/abstract= 1922803) to consider one reason TRIPS-compliant compulsory licenses remain controversial. It introduces two competing perspectives of patents as a possible social schema that can...
Persistent link: https://www.econbiz.de/10014177959
. The licenses may be issued under certain conditions, even if the patent holder (innovator) has an exclusive right to the … paper details the first attempt by the Indian patent system to strike a balance between the innovator's legal and economic … related to this case. An assessment of the compulsory licensing provisions under the TRIPS agreement and the Indian Patent Act …
Persistent link: https://www.econbiz.de/10010211996
between the propensity to jointly own a patent and proximity in the product market; b) joint patents are associated with less …
Persistent link: https://www.econbiz.de/10009791540
We study how fragmentation of patent rights ('patent thickets') and the formation of the Court of Appeal for the … Federal Circuit (CAFC) affected the duration of patent disputes, and thus the speed of technology diffusion through licensing …. We develop a model of patent litigation which predicts faster settlement agreements when patent rights are fragmented and …
Persistent link: https://www.econbiz.de/10013117066
available options to reduce disparities between large patent holders and firms from less-developed economies …
Persistent link: https://www.econbiz.de/10012999903
construct a novel dataset of companies that have declared at least one patent as essential for an IEEE standard (the treatment … not declared a patent as essential to IEEE (the control group). Using a difference-in-differences approach, I provide … the change. My results show that more restrictive patent policies at the SDO level decrease the innovation effort of firms …
Persistent link: https://www.econbiz.de/10013202986
TRIPS agreement exceptions and/or to water down those exceptions. Altogether, they ramp up pressure on patent owners to give … that stealth licensing is a significant phenomenon that adversely impacts the social welfare functions of the patent system …. It risks undermining investment in technology, technology creation and the dissemination functions of the patent system …
Persistent link: https://www.econbiz.de/10013312111
commercialized as well as whether this commercialization was profitable or not. Thus, this patent database measures technological … innovation. The dataset is complemented with indicators of patent quality (patent renewal, forward citations, and patent family …
Persistent link: https://www.econbiz.de/10012259861
The Constitution gives Congress the power to "promote the Progress of Science and useful Arts." The patent system … v. MercExchange, this Note advocates a patent system that will allow access to stagnant patents sooner. The proposed … system starts with an initial exclusive patent period that is much shorter, and then includes renewable periods of …
Persistent link: https://www.econbiz.de/10014214389
innovative performance also depends on the size of a firm's patent portfolio, which suggests an important strategic role for …
Persistent link: https://www.econbiz.de/10014046902