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The Impact of Emerging Market Patent Systems on Europe : Awaiting ‘The Rape of Europa'?
Van Overwalle, Geertrui - 2014
The present paper will look into the relationship between emerging markets and Europe in a twofold way. First, the paper will discuss the question from a European perspective, and investigate what impact emerging market patents may have on Europe. Second, the paper will briefly address the issue...
Persistent link: https://www.econbiz.de/10013057070
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The Proposal for a Council Regulation on the Community Patent
Van Overwalle, Geertrui - 2010
On July 5 2000 the European Commission proposed the creation of a Community patent to give inventors the option of obtaining a single patent legally valid throughout the European Union. The Lisbon European Council cited the creation of a Community patent as an essential part of Europe's efforts...
Persistent link: https://www.econbiz.de/10014188421
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Biotechnology Patents in Europe - From Law to Ethics
Van Overwalle, Geertrui - 2015
For the last 25 years we have seen a flood of new developments and new applications in the field of biotechnology and genetic engineering. The question facing researchers, patent practitioners, patent authorities, courts and legislators is whether or not, and if yes, to which extent, protection...
Persistent link: https://www.econbiz.de/10014188422
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Policy Levers Tailoring Patent Law to Biotechnology : Comparing European and US Approaches
Van Overwalle, Geertrui - 2015
In their animated book 'The Patent Crisis and How the Courts can Solve It', Dan Burk and Mark Lemley give an account of their quest into the judicial treatment of patents in different industry sectors. They present an in-depth commentary on industry specific differences in the patent system from...
Persistent link: https://www.econbiz.de/10014188440
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Gene Patents and Collaborative Licensing Models : Patent Pools, Clearinghouses, Open Source Models and Liability Regimes
Van Overwalle, Geertrui - 2015
Concerns have been expressed that gene patents might result in restricted access to research and health care. The exponential growth of patents claiming human DNA sequences might result in patent thickets, royalty stacking and, ultimately, a ‘tragedy of the anti-commons’ in genetics. The...
Persistent link: https://www.econbiz.de/10014188461
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Breeding Business. The Future of Plant Breeding in the Light of Developments in Patent Rights and Plant Breeder’s Rights
Louwaars, Niels; Dons, Hans; Van Overwalle, Geertrui; … - 2013
Upon request of the Netherlands Minister of Agriculture, Nature and Food Quality a study has been conducted into the … position in vegetable crops, ornamental crops, and potatoes. The Netherlands plays a leading role in fundamental, strategic and … applied research in plant genetics and plant breeding. The strong knowledge sector in The Netherlands is important for the …
Persistent link: https://www.econbiz.de/10014188463
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Policy Options for the Improvement of the European Patent System
Cowin, Robin; van de Eijck, Wim; Lissoni, Francesco; … - 2012
The present report is based on an independent, policy-oriented investigation of the current European patent system. The central premise of the report is that the patent system has so far been a positive factor in promoting innovation and the diffusion of knowledge, and thus that the system is...
Persistent link: https://www.econbiz.de/10014188464
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Functions and Limits of Patent Law
Van Overwalle, Geertrui; van Zimmeren, Esther - 2013
Patents are a key element of our knowledge based economy. They are meant to operate as an instrument for fostering innovation by generating incentives through the grant of temporary exclusive rights. The present paper starts by describing some major trends in patent law and practice and throws...
Persistent link: https://www.econbiz.de/10014188470
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Human Rights’ Limitations in Patent Law
Van Overwalle, Geertrui - 2015
The relationship between human rights and intellectual property (IP) rights has been under-theorized for a long period. IP rights have remained a “normative backwater” in the burgeoning post-World War II human rights movement. Only over the last decade, human rights discourse has gained...
Persistent link: https://www.econbiz.de/10014188474
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Designing Models to Clear Patent Thickets in Genetics
Van Overwalle, Geertrui - 2015
Recent years have seen a remarkable increase in patents in the field of information, communication and entertainment (ICE) technology and biotechnology. The growth of patents in those areas has triggered serious concern about access to ICE and genome related inventions, as the rise of patents...
Persistent link: https://www.econbiz.de/10014188519