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Currently trademark bullying has become a serious concern for many small businesses that feel as though powerful corporations are abusing aggressive trademark enforcement and litigation techniques to crush genuine competition. No doubt these concerns merit the serious consideration of all...
Persistent link: https://www.econbiz.de/10013085735
Patent licensing contracts commonly prohibit licensees from challenging the validity of the patents at the basis of the contract or penalize such challenges. A considerable debate has emerged as to whether courts should enforce these challenge clauses. We argue that this debate has not gone far...
Persistent link: https://www.econbiz.de/10012935082
Much has been written about patent trolls and the detrimental effects they have on the patent system. Legal and legislative attempts have been made to curb patent trolls. However, there is considerable confusion over who is actually a patent troll. Because of the focus on trolls, other practices...
Persistent link: https://www.econbiz.de/10014133836
In the following the author presents the key facts on the structure of the European Patent Organisation (EPOrg) which is in charge of patent grant in Europe. A particular attention is given to the question of judicial review of decisions taken by the various organs of the EPOrg. The recent...
Persistent link: https://www.econbiz.de/10014114316
A recent study by professors found that women represent only one-third of the top pharmaceutical patent litigators and one-quarter of lawyers who help inventors obtain these valuable pharmaceutical patents. This lack of representation in the pharmaceutical patent field is surprising because...
Persistent link: https://www.econbiz.de/10014359052
Biotechnology has never demonstrated its benefits to society more than in 2021. The SARS-CoV-2 virus that caused the CoVID-19 pandemic met a formidable opponent in mRNA vaccines developed and supplied by Moderna and Pfizer/BioNTech. These vaccines are claimed in myriad – not Myriad – patents...
Persistent link: https://www.econbiz.de/10014255494
The issue of Patent enforcement in the UK has generated a lot of heat, but not much light in the last year. Despite the lack of comprehensive empirical evidence of demand, a number of policy documents have focused on facilitating affordable patent litigation for small and medium sized firms....
Persistent link: https://www.econbiz.de/10013139412
Persistent link: https://www.econbiz.de/10013066566
The debate over patent enforcement in the UK centres on the expensive nature of patent litigation and its impact on the use of the patent system by SMEs. However, in a number of recent policy documents, there is little evidence for the denial of access to justice claims made. This paper...
Persistent link: https://www.econbiz.de/10013069440
Technical standard setting, though conducted largely through private organizations, possesses many attributes of a public function. By and large, SDO policies operate effectively to enable competitors to collaborate to develop standards that produce network effects and yield significant social...
Persistent link: https://www.econbiz.de/10012964462