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fore. The first question is to what extent patent law guarantees public interest, contributes to public interest or, on the … contrary, limits public interest. The second question is to what extent public interest influences patent law. In an attempt to … entertains with patent law, from three different persectives: the notion of public interest sensu sensu stricto, the concept of …
Persistent link: https://www.econbiz.de/10014188521
trend was less prominent in the field of patent law and it was only with the coming into effect of the TRIPS Agreement that … Meilenstein von enormer Bedeutung, (a major milestone) since, for the first time in patent history, it introduced a worldwide … framework of minimum standards with regard to the grant, scope and use of patent rights. The present paper describes the global …
Persistent link: https://www.econbiz.de/10014188527
The production of biodiversity-based drugs has gained wide interest and concern. Two main approaches can be observed. The majority of legal thinking has been focusing on models protecting (and preserving) biodiversity and associated traditional knowledge to fit the needs of biodiversity and...
Persistent link: https://www.econbiz.de/10014188528
ignore the fact that the DVD technology is protected with patents. More than 850 patents owned by some 10 patent holders … individual licenses with all those 10 patent holders in order to use these technologies. It goes without saying that doing so … ‘the safe side’, you will have to negotiate individual licenses with all those patent holders in order to bring your rice …
Persistent link: https://www.econbiz.de/10014188531
of patents' - part 4), we will mainly focus on the problems arising out of the use of patent rights ('the exercise of … patent rights' - part 5). This focus derives from the fact that although the Flemish legislator encourages patents in many … patent behavior …
Persistent link: https://www.econbiz.de/10014188533
There is a need to clarify patent law so as to advance resolution of its most fundamental question – delineating the … categories of subject matter that are eligible for patent protection. Coupled with the active role the Supreme Court has taken in …, courts have been unable to create a comprehensive test for determining patent-eligible subject matter that accurately …
Persistent link: https://www.econbiz.de/10014188561
The paper critically analyses the various TRIPS provisions relevant to patent law. Topics covered include the … requirements, scope of protection, transfer and (voluntary and compulsory) licensing, exemptions, and patent term …
Persistent link: https://www.econbiz.de/10014188576
Patent law strives to promote the progress of technology by encouraging invention. Traditionally, scholars contend that … patent law achieves this goal by creating financial incentives to invent in the form of exclusive rights to new technology …, and peers. Importantly, patent law can strengthen and shape inventing norms by, for example, identifying and validating …
Persistent link: https://www.econbiz.de/10014188805
decision a divided Federal Circuit debated whether Congress had protected concerted refusals to license from claims of patent … resources to rivals unless they can find alternative sources of supply. A concerted refusal to license an unused patent can go … technology independently that would infringe one or more of that patent’s claims. Of course, not every concerted refusal to …
Persistent link: https://www.econbiz.de/10014188997
patentable subject matter by the courts defeat the underlying purposes of the patent system by foreclosing entire avenues of … uncomfortably), then the courts should aim to ‘breathe life’ into the bare, and sometimes dated, words of patent statutes. Indeed …, patent statutes are drafted with a view to the unforeseen; any judicial interpretation of the word “invention” must give …
Persistent link: https://www.econbiz.de/10014189015