Showing 1 - 10 of 8,601
In 2013, in Kirtsaeng v. John Wiley & Sons, the Supreme Court wrote another chapter in the ongoing story of copyright exhaustion. This decision is part of a series of recent decisions in high-profile cases and a vibrant discourse, domestically and internationally, regarding the scope of...
Persistent link: https://www.econbiz.de/10014145914
adjudication of patent damages, or more precisely, FRAND royalties for standard essential patents (SEPs). Through the use of an … Qualcomm and ARM are used to exemplify different market and industry norms regarding patent licensing. The main findings … suggest that rote use of procedural rules such as the smallest saleable patent practicing unit (SSPPU) and entire market value …
Persistent link: https://www.econbiz.de/10014092575
This paper is a submission of evidence aimed at she light on some issues related to the Standard Essential Patents (SEP) ecosystem and to provide workable solutions. SEP are patents that protects technologies that are essential to implementing a standard (e.g. 5G, Bluetooth, etc.).Between...
Persistent link: https://www.econbiz.de/10013294170
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
then, the issue of the relationship between patent protection and the development of and access to medical treatments and … an overview of the patent landscape of medical treatments and technologies related to COVID-19, and of the patent status … of two investigational medical treatments: remdesivir and lopinavir/ritonavir. It then presents various patent …
Persistent link: https://www.econbiz.de/10012303912
The global litigation of standard essential patents (SEP) is taking a new turn with the jurisdictional battle between national courts. Some courts have started issuing anti-suit injunctions (ASI) to prohibit parallel litigation and consolidate the dispute at a single venue, while others have...
Persistent link: https://www.econbiz.de/10013298252
to humankind. How can the patent system help scientists, commercial enterprises and civil society at large to realize … communities?It has been argued that new patent disclosure requirements related to genetic resources and traditional knowledge are … decides to introduce new patent disclosure requirements, a key challenge is to establish a coherent legal and policy framework …
Persistent link: https://www.econbiz.de/10012954122
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 … competition, a thorough understanding of these requirements (as well as how they intersect with patent protection) is important to …
Persistent link: https://www.econbiz.de/10014177280
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
This paper critically reviews the impact of the international instrument, The Agreement on Trade-Related Aspects of 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...
Persistent link: https://www.econbiz.de/10014155101