Exclusions From Patentability Conclusion
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Exclusions From Patentability
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Author : Sigrid Sterckx
language : en
Publisher: Cambridge University Press
Release Date : 2012-09-13
Exclusions From Patentability written by Sigrid Sterckx and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-09-13 with Business & Economics categories.
This book provides the first comprehensive study of what cannot be patented and what should not be patentable in Europe.
Exclusions From Patentability
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Author : Sigrid Sterckx
language : en
Publisher: Cambridge University Press
Release Date : 2012-09-13
Exclusions From Patentability written by Sigrid Sterckx and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-09-13 with Law categories.
Exclusions from Patentability reviews the history of the adoption of exclusions from patentability under the European Patent Convention since its first conception in 1949 through to its most recent revision. The analysis shows how other intellectual property treaties, such as UPOV, the Strasbourg Patent Convention, PCT, the EU Biotech Directive and TRIPS have affected the framing of the exclusions. Particular attention is given to those exclusions considered the most contentious (computer programmes, discoveries, medical treatments, life forms and agriculture) and those decisions which have been most influential in shaping the approaches by which the exclusions have been interpreted. The 'morality' exclusion and the interpretation of the exclusions are discussed critically and suggestions for coherent interpretation are made.
Exclusions From Patentability Conclusion
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Author : Sigrid Sterckx
language : en
Publisher:
Release Date : 2012
Exclusions From Patentability Conclusion written by Sigrid Sterckx and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with European Patent Convention categories.
"Exclusions from Patentability reviews the history of the adoption of exclusions from patentability under the European Patent Convention since its first conception in 1949 through to its most recent revision. The analysis shows how other intellectual property treaties, such as UPOV, the Strasbourg Patent Convention, PCT, the EU Biotech Directive and TRIPS have affected the framing of the exclusions. Particular attention is given to those exclusions considered the most contentious (computer programmes, discoveries, medical treatments, life forms and agriculture) and those decisions which have been most influential in shaping the approaches by which the exclusions have been interpreted. The 'morality' exclusion and the interpretation of the exclusions are discussed critically and suggestions for coherent interpretation are made"--
Medical Patent Law The Challenges Of Medical Treatment
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Author : E. Ventose
language : en
Publisher: Edward Elgar Publishing
Release Date : 2011-10-01
Medical Patent Law The Challenges Of Medical Treatment written by E. Ventose and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-10-01 with Law categories.
Ventose makes a fresh, lively and incredibly thorough contribution to the literature in this work. He canvasses the European, English and American authorities in a systematic, methodical and dare I say surgical manner. The book is a must read for practitioners, academics and students alike interested in patentable subject matter, public policy and medico-legal ethics. It will be a welcome addition to any legal collection. Emir Aly Crowne, University of Windsor, Barrister & Solicitor, Law Society of Upper Canada and Co-Founder and Co-Chair, Harold G. Fox Intellectual Property Moot Medical patents are a matter of life and death. Such patents have a critical impact upon patient care, medical research, and the administration of healthcare (and, indeed, are in part responsible for ballooning health care budgets). This comprehensive book by Eddy D. Ventose provides a systematic comparative analysis of medical patents. The work explores the historical taboo against patenting methods of human treatment; charts the spectrum of policy positions on medical patents, ranging from permissive to prohibitive; and examines contemporary battles over patenting methods of medical correlation in the Supreme Court of United States. Matthew Rimmer, The Australian National University College of Law and ACIPA, Australia This book provides a detailed and comparative examination of medical patent law and the issues at the heart of the medical treatment exclusion for therapeutic treatments, surgical treatments and diagnostic methods. It firsts considers the historical basis for exclusion and the development of law and policy in Europe, the United States and other commonwealth countries. The book goes on to provide a detailed analysis of the issues related to new medical technologies, such as gene therapy, dosage regimes, and medical diagnostics, in light of the medical treatment exclusion. Medical Patent Law will strongly appeal to patent agents and attorneys, solicitors and barristers working in patent and intellectual property law and medical law worldwide, as well as medical practitioners and healthcare professionals; scientists, researchers and managers in the chemicals, medical; pharmaceuticals and biotechnology industries. Postgraduates on LLM medical law and intellectual property courses and academics specializing in medical law or patent law, will also find much to interest them.
Records Of The Diplomatic Conference For The Conclusion Of A Treaty Supplementing The Paris Convention As Far As Patents Are Concerned
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Author : World Intellectual Property Organization
language : en
Publisher: WIPO
Release Date : 1991
Records Of The Diplomatic Conference For The Conclusion Of A Treaty Supplementing The Paris Convention As Far As Patents Are Concerned written by World Intellectual Property Organization and has been published by WIPO this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991 with Intellectual property categories.
The first part of the Diplomatic Conference for the Conclusion of a Treaty Supplementing the Paris Convention as far as Patents are Concerned took place in The Hague from June 3 to 21, 1991, at facilities made available by the Government of the Netherlands . The present publication contains the Records of the first part of the Conference.
Contemporary Issues In Pharmaceutical Patent Law
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Author : Bryan Mercurio
language : en
Publisher: Taylor & Francis
Release Date : 2017-02-17
Contemporary Issues In Pharmaceutical Patent Law written by Bryan Mercurio and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-02-17 with Law categories.
This collection reflects on contemporary and contentious issues in international rulemaking in regards to pharmaceutical patent law. With chapters from both well-established and rising scholars, the collection contributes to the understanding of the regulatory framework governing pharmaceutical patents as an integrated discipline through the assessment of relevant laws, trends and policy options. Focusing on patent law and related pharmaceutical regulations, the collection addresses the pressing issues governments face in an attempt to resolve policy dilemmas involving competing interests, needs and objectives. The common theme running throughout the collection is the need for policy and law makers to think and act in a systemic manner and to be more reflective and responsive in finding new solutions within and outside the patent system to the long-standing problems as well as emerging challenges
European Intellectual Property Law
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Author : Justine Pila
language : en
Publisher:
Release Date : 2019
European Intellectual Property Law written by Justine Pila and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Law categories.
European Intellectual Property Law offers a full account of the main areas of substantive European intellectual property law - including the law of copyright and related rights, patents and plant variety rights, trademarks, design rights, and rights in data and information.
Legal Thoughts Between The East And The West In The Multilevel Legal Order
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Author : Chang-fa Lo
language : en
Publisher: Springer
Release Date : 2016-11-11
Legal Thoughts Between The East And The West In The Multilevel Legal Order written by Chang-fa Lo and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-11 with Law categories.
This book focuses on the interaction and mutual influences between the East and the West in terms of their legal systems and practices. In this regard, it highlights Professor Herbert H.P. Ma’s achievements and his efforts to bring Eastern and Western legal concepts and systems closer together. The book shows that, while there have been convergences between different legal regimes in many fields of law, diverse legal practices and approaches rooted in differing cultural, social, political and philosophical backgrounds do remain, and that these differences are not necessarily negative elements in the contemporary legal order. By examining different levels of the legal order, including domestic, regional and multilateral, it goes on to argue that identifying these diversities and addressing the interactions and mutual influences between different regimes is a worthwhile undertaking, not only in terms of mutual enrichment, but also with regard to intensifying the degree of desirable coordination between different legal systems. All chapters were written by leading experts, practitioners and scholars from different jurisdictions with expertise in various fields of law and different levels of the legal order, and discuss a number of issues with particular focus on either “one-way” or mutual influences between the Eastern and the Western legal systems, practices and philosophies.
The Patent Competition Interface In Developing Countries
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Author : Thomas K. Cheng
language : en
Publisher: Oxford University Press
Release Date : 2021-12-16
The Patent Competition Interface In Developing Countries written by Thomas K. Cheng and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-16 with Law categories.
This book proposes an approach to the patent-competition interface for developing countries. It puts forward a theoretical framework after canvassing relevant policy considerations and examines the many reasons why patent protection is not essential for generating innovation incentives in developing countries. These include the tendency of the patent system to overcompensate innovators, the availability of other appropriation mechanisms for innovators to monetize their innovations, and the lack of appropriate technological capacity in many developing countries to take advantage of the incentives generated by the patent system. It also argues that developing countries with a small population need not pay heed to the impact of their patent system on the incentives of foreign innovators. It then proposes a classification of developing countries into production countries, technology adaptation countries, and proto-innovation countries and argues that dynamic efficiency considerations take on different meanings for developing countries depending on their technological capacities. For the vast majority of developing countries bereft of meaningful innovation capacity, foreign technology transfer is the main vehicle for technological progress. The chief dynamic policy consideration for these countries is hence incentives for technology transfer instead of innovation incentives. There are three main means of voluntary technology transfer: importation of technological goods, foreign direct investment, and technology licensing. Competition law regulation of patent exploitation practices interacts with these three means of technology transfer in different ways and an appropriate approach to the patent-competition interface for these countries needs to take these into account. Distilling all these considerations, the book proposes a development stage-specific approach to the patent-competition interface for developing countries. The approach is then applied to a number of patent exploitation practices, including unilateral refusal to deal, patent tying, excessive pricing for pharmaceuticals, reverse payment settlements, and restrictive licensing practices.
Biotechnology Patents And Human Rights In Europe
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Author : Helena Żakowska-Henzler
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-07-01
Biotechnology Patents And Human Rights In Europe written by Helena Żakowska-Henzler and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-07-01 with Political Science categories.
This innovative book explores the complex interplay between intellectual property for biotechnological innovations and human rights. Examining the clash between the drive to incentivise innovations that can fulfil human needs and the desire to grant global access to healthcare technologies, it presents thoughtful solutions to the challenges of protecting the human rights of all parties impacted by biotechnological patents and other relevant IP rights.