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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...
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patent system. The indicators are based on a review of the International Patent Classification in use by patent offices …
Persistent link: https://www.econbiz.de/10012709142
create substantial tensions for the patent system to assure low-cost access to patented technologies at the back end of … technology transfer needs. This article first describes the uncertain case for relying on the patent system, the tensions that … needs, and the measures that have been proposed to limit the effect of the patent system on development of and access to …
Persistent link: https://www.econbiz.de/10014185204
discusses how patent-like rights (such as "data exclusivity") prevent lower-cost generic medicines from entering into the …
Persistent link: https://www.econbiz.de/10014185311
five factors describe the phenomena largely responsible for the current mass extinction event, and patent law offers … valuable assistance in combating each one. Though it cannot offer a complete solution to the biodiversity crisis, the patent … system can offer powerful tools to help save biodiversity. On first inspection, patent law might appear an unlikely ally for …
Persistent link: https://www.econbiz.de/10014196348
The patent law regimes of the United States and Europe are ambiguous regarding whether or not the subject matter of … defining technology; and it confounds contemporary decision-making by patent offices on the patentability of inventions and by … physical in order to be technical. Despite such ambiguity, patent law throughout the world is arguably founded on the idea that …
Persistent link: https://www.econbiz.de/10014202932
concern. However, the cultural impact of patent law is arguably examined with less emphasis, somewhat in contrast to the … of the "public" at stake in modern patent law …
Persistent link: https://www.econbiz.de/10014215969
Many scholars have wrestled with what I call the “first-order question” in patent law: What policies should we adopt to … about promoting innovation? I argue that empirical progress in patent law depends on greater policy diversity (rather than … spillovers from local policies. Instead, patent policymakers should adopt a third way between uniformity and local control …
Persistent link: https://www.econbiz.de/10014155564
Does U.S. patent law increase the competitiveness of U.S. firms in global markets? This Article argues that, contrary … to the beliefs of many U.S. lawmakers, U.S. patent law currently undermines the ability of U.S. firms to compete in … global markets because strong U.S. patent rights actually weaken an overlooked but critical determinant of U …
Persistent link: https://www.econbiz.de/10014162469