Finding Flexibility In The Patent Regimes
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Finding Flexibility In The Patent Regimes
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Author : Patricia Gunn
language : en
Publisher:
Release Date : 2003
Finding Flexibility In The Patent Regimes written by Patricia Gunn and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with categories.
A Patent System For The 21st Century
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Author : National Research Council
language : en
Publisher: National Academies Press
Release Date : 2004-10-01
A Patent System For The 21st Century written by National Research Council and has been published by National Academies Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-10-01 with Science categories.
The U.S. patent system is in an accelerating race with human ingenuity and investments in innovation. In many respects the system has responded with admirable flexibility, but the strain of continual technological change and the greater importance ascribed to patents in a knowledge economy are exposing weaknesses including questionable patent quality, rising transaction costs, impediments to the dissemination of information through patents, and international inconsistencies. A panel including a mix of legal expertise, economists, technologists, and university and corporate officials recommends significant changes in the way the patent system operates. A Patent System for the 21st Century urges creation of a mechanism for post-grant challenges to newly issued patents, reinvigoration of the non-obviousness standard to quality for a patent, strengthening of the U.S. Patent and Trademark Office, simplified and less costly litigation, harmonization of the U.S., European, and Japanese examination process, and protection of some research from patent infringement liability.
India S Journey Toward An Effective Patent System
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Author : Bruce Abramson
language : en
Publisher: World Bank Publications
Release Date : 2012
India S Journey Toward An Effective Patent System written by Bruce Abramson and has been published by World Bank Publications this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with categories.
The decade following India's accession to the World Trade Organization's Trade-Related Aspects of Intellectual Property ushered in numerous changes to the country's patent system, culminating in a series of amendments in 2005. But a functioning patent system is more than a statute. This paper discusses the steps that India must still take to develop an effective, functioning patent system capable of attracting foreign direct investment, motivating domestic innovation and education, and filtering its benefits to all elements of Indian society, including the poor and the possessors of traditional knowledge. The analysis combines data studies of historical and recent patenting activity in India and by Indians, interviews with Indian government officials, intellectual property attorneys, industrialists, and researchers, and lessons gleaned from patent systems abroad. It identifies critical needs and concrete steps to meet them. Improving public awareness of the revenue-generating potential of patents will enhance incentives for the participation of individuals and small and medium enterprises in the patent system. Formalizing guidelines for patents derived through government research funds-coupled with needed changes in institutional governance-will enhance prospects for technology transfer from laboratories to commercial markets. Compensation schemes for traditional knowledge will extend the benefits of intellectual property rights to the poorest members of society. This paper's recommendations would help India achieve both a fully functioning patent system and a mechanism for ensuring that poor people living traditional lifestyles receive their share of the social gains that a working innovation system can confer.
Trips Compliance National Patent Regimes And Innovation
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Author : Sunil Mani
language : en
Publisher: Edward Elgar Publishing
Release Date : 2013-12-27
Trips Compliance National Patent Regimes And Innovation written by Sunil Mani 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 2013-12-27 with Law categories.
With respect to intellectual property regimes, a significant change in international governance rules is mandated by the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS). This topical volume deals with the processes th
Innovation Economic Development And Intellectual Property In India And China
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Author : Kung-Chung Liu
language : en
Publisher: Springer Nature
Release Date : 2019-09-06
Innovation Economic Development And Intellectual Property In India And China written by Kung-Chung Liu and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-06 with Law categories.
This open access book analyses intellectual property codification and innovation governance in the development of six key industries in India and China. These industries are reflective of the innovation and economic development of the two economies, or of vital importance to them: the IT Industry; the film industry; the pharmaceutical industry; plant varieties and food security; the automobile industry; and peer production and the sharing economy. The analysis extends beyond the domain of IP law, and includes economics and policy analysis. The overarching concern that cuts through all chapters is an inquiry into why certain industries have developed in one country and not in the other, including: the role that state innovation policy and/or IP policy played in such development; the nature of the state innovation policy/IP policy; and whether such policy has been causal, facilitating, crippling, co-relational, or simply irrelevant. The book asks what India and China can learn from each other, and whether there is any possibility of synergy. The book provides a real-life understanding of how IP laws interact with innovation and economic development in the six selected economic sectors in China and India. The reader can also draw lessons from the success or failure of these sectors.
Locating India In The Contemporary International Legal Order
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Author : Srinivas Burra
language : en
Publisher: Springer
Release Date : 2018-06-26
Locating India In The Contemporary International Legal Order written by Srinivas Burra and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-06-26 with Law categories.
This book brings together disparate views which attempt to locate India in the contemporary international legal order. The essays endeavour to explore critically India’s role and attitude towards international law in various fields and its influence and contribution in the development of the latter. The contributions are also of historical value, as they analyse the present as part of a historical trajectory. Drawing upon the current and historical practices from their respective fields, the authors attempt to highlight some critical aspects involving India and international law. These aspects broadly underline India’s drift from its traditional role as an ally and proponent of the third world towards the pragmatism of self-interest, behaviour that is often compelled by internal political and economic conditions, as well as the dictates of external forces.
India And The Patent Wars
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Author : Murphy Halliburton
language : en
Publisher: Cornell University Press
Release Date : 2017-11-15
India And The Patent Wars written by Murphy Halliburton and has been published by Cornell University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-15 with Social Science categories.
India and the Patent Wars contributes to an international debate over the costs of medicine and restrictions on access under stringent patent laws showing how activists and drug companies in low-income countries seize agency and exert influence over these processes. Murphy Halliburton contributes to analyses of globalization within the fields of anthropology, sociology, law, and public health by drawing on interviews and ethnographic work with pharmaceutical producers in India and the United States. India has been at the center of emerging controversies around patent rights related to pharmaceutical production and local medical knowledge. Halliburton shows that Big Pharma is not all-powerful, and that local activists and practitioners of ayurveda, India’s largest indigenous medical system, have been able to undermine the aspirations of multinational companies and the WTO. Halliburton traces how key drug prices have gone down, not up, in low-income countries under the new patent regime through partnerships between US- and India-based companies, but warns us to be aware of access to essential medicines in low- and middle-income countries going forward.
Biotechnology And Software Patent Law
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Author : Arezzo, E. Ghidini, G.
language : en
Publisher: Edward Elgar Publishing
Release Date : 2011
Biotechnology And Software Patent Law written by Arezzo, E. Ghidini, G. 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 with Law categories.
'The art of editing is to bring contributions together, which melt into one book. This is what Emanuela Arezzo and Gustavo Ghidini have achieved with their own critical mind by composing a book of papers, in which internationally renowned experts measure the tensions created for the patent system by the needs and problems of protecting biotechnological and software inventions. All together, they present a comparative law challenge to the very fundaments of patent protection. As such, they are or may become a "must read".' Hanns Ullrich, College of Europe, Bruges, Belgium 'Arezzo and Ghidini have put together a fine collection of essays addressing developments in patent law from general themes to emerging ones in the infotech and biotech sectors. It is notable that the international array of authors includes contributions from both established and rising young scholars, all of them ably tackling difficult issues that merit our attention.' Rudolph J.R. Peritz, New York Law School, US The new millennium has carried several challenges for patent law. This up-to-date book provides readers with an important overview of the most critical issues patent law is still facing today at the beginning of the twenty first century, on both sides of the Atlantic. New technological sectors have emerged, each one with its own features with regard to innovation process and pace. From the most controversial cases in biotech to the most recent decisions in the field of software and business methods patent, patent law has tried to stretch its boundaries in a way to accommodate such new and controversial subject matters into its realm. Biotechnology and Software Patent Law will strongly appeal to postgraduate students specializing in IP law, international law, commercial and business law, competition law as well as IP scholars, academics and lawyers.
International Patent Rights Harmonisation
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Author : Weinian Hu
language : en
Publisher: Taylor & Francis
Release Date : 2017-05-08
International Patent Rights Harmonisation written by Weinian Hu and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-05-08 with Law categories.
With reference to China, this book examines the course of international patent rights harmonisation; its characteristics as well as impediments. It evaluates the case of China’s patent law development over the course of the last three decades by drawing on the most up-to-date Chinese language sources. In the process, the volume focuses on China’s patent legislation, its achievements and weaknesses, as well as the intrinsic limitations, especially as far as enforcement is concerned. The author pays close attention to the unique societal background in China, a country that did not provide constitutional recognition to private property rights until 2004 and where a property law entered into force as late as 2013, 30 years after the first promulgation of the patent law. Global trade policy makers, IP professionals and businesses will benefit from the insights presented by the chapters as they will help them to appreciate the achievements and the controversies pursuant to China’s efforts in patent protection. While serving as a useful case study for countries seeking to leverage patent protection as a driver for economic development, the book will equally facilitate Chinese legislature to reflect on its patent legislation development, specifically on legislative policy choices. An additional analytical strength of the volume is that it compares the Chinese patent legislation with the American Invents Act and the European Patent Convention. It discovers the differences between the three patent legislations by using the minimum patent protection standards set down by the TRIPS Agreement as the benchmark. The results of the comparisons suggest that China has successfully harmonised its patent legislation with the global patent protection system, and often opts for higher patent protection standards. The book also considers whether China could learn lessons from Japan and India in their respective patent legislation and policy choices. With China undertaking a fourth patent law amendment, the provisions contained in the second draft of the Patent Law 2015, which was published in December 2015, are included in the analysis.
21st Century Innovation Systems For Japan And The United States
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Author : National Research Council
language : en
Publisher: National Academies Press
Release Date : 2009-05-15
21st Century Innovation Systems For Japan And The United States written by National Research Council and has been published by National Academies Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-05-15 with Technology & Engineering categories.
Recognizing that a capacity to innovate and commercialize new high-technology products is increasingly a key for the economic growth in the environment of tighter environmental and resource constraints, governments around the world have taken active steps to strengthen their national innovation systems. These steps underscore the belief of these governments that the rising costs and risks associated with new potentially high-payoff technologies, their spillover or externality-generating effects and the growing global competition, require national R&D programs to support the innovations by new and existing high-technology firms within their borders. The National Research Council's Board on Science, Technology, and Economic Policy (STEP) has embarked on a study of selected foreign innovation programs in comparison with major U.S. programs. The "21st Century Innovation Systems for the United States and Japan: Lessons from a Decade of Change" symposium reviewed government programs and initiatives to support the development of small- and medium-sized enterprises, government-university- industry collaboration and consortia, and the impact of the intellectual property regime on innovation. This book brings together the papers presented at the conference and provides a historical context of the issues discussed at the symposium.