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| Author | : Toshiko Takenaka |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 507 |
| Release | : 2019 |
| Genre | : Copyright |
| ISBN | : 178536412X |
This significantly updated second edition of the Research Handbook on Patent Law provides comprehensive coverage of new research for patent protection in three major jurisdictions: the United States, Europe and Japan.
| Author | : Christopher Heath |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 528 |
| Release | : 2005-02-25 |
| Genre | : Law |
| ISBN | : 1847312551 |
Patent infringement procedures are an instrument whereby the patentee defends his protected invention against unlawful use by a third party (the alleged infringer). The difficulty is that the patent is no solid object whose damage can be easily detected; it belongs to that group of rights whose infringement is not easy to determine. The patent is a right described by words, and those words, written into a claim, are so complicated that laymen and lawyers alike fail to understand them. This is the special feature which distinguishes the patent right. This book consists of a series of country reports in which expert patent attorneys describe the patent infringement procedures in their jurisdiction. Since the first edition of this book was published in 2000, developments in the field of patent enforcement have been significant and required a major rewriting of all the seven original contributions (the UK, Germany, France, the Netherlands, Italy, Japan and the US): more than 100 decisions have been added. For the second edition, another eight countries have been included: three from Eastern Europe (Poland, the Czech Republic and Hungary), two from Asia (China and Korea), two from Latin America (Argentina and Brazil), and one from Europe (Switzerland) and there is a new chapter by Dieter Stauder on European issues of patent enforcement: cross-border litigation, cross-border assistance in obtaining evidence, and the new European Enforcement Directive.
| Author | : Robert P. Merges |
| Publisher | : Harvard University Press |
| Total Pages | : 422 |
| Release | : 2011-06-13 |
| Genre | : Law |
| ISBN | : 0674049489 |
In a sophisticated defense of intellectual property, Merges draws on Kant, Locke, and Rawls to explain how IP rights are based on a solid ethical foundation and make sense for a just society. He also calls for appropriate boundaries: IP rights are real, but they come with real limits.
| Author | : Antony Taubman |
| Publisher | : Cambridge University Press |
| Total Pages | : 411 |
| Release | : 2012-04-26 |
| Genre | : Law |
| ISBN | : 1107023165 |
This handbook provides a comprehensive and non-technical explanation of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), later legal instruments, current policy issues and the relationship between TRIPS and public health. It is aimed at an audience including government officials and policy-makers, non-governmental organizations, academics and students.
| Author | : Giovanni Pitruzzella |
| Publisher | : Kluwer Law International |
| Total Pages | : 0 |
| Release | : 2016 |
| Genre | : Antitrust law |
| ISBN | : 9789041159274 |
Editors --Contributors --Foreword --Preface --Pharmaceutical Patents and Competition Issues --What Is Going on in National Systems?
| Author | : Jochen Bühling |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 531 |
| Release | : 2016-08-24 |
| Genre | : Law |
| ISBN | : 9041182780 |
When a party develops a ‘second medical use’ for a known substance or compound, special issues of patentability arise. Jurisdictions around the world vary significantly in their treatment of such claims. This detailed country-by-country analysis provides clarity, insight, and guidance on the legal issues and practical implications of second medical use claims in nineteen jurisdictions worldwide as well as the European Union. The authors of the country chapters have been carefully selected based on a broad basis of experience and in-depth knowledge about medical patents in their respective jurisdictions. Each chapter considers such issues and topics as the following: • availability of protection; • validity of claims; • scope of protection; • enforcement; and • infringement. A general chapter about the practice of the European Patent Office (EPO) addresses in particular the latest changes in the format of second medical use claims from the “Swiss-type claims” to the “EPC 2000 claims”. Specific issues and national peculiarities which deviate from the EPO practice are explained in the various national European chapters, while chapters on jurisdictions outside Europe cover both prosecution and enforcement of patents with second medical use claims. As a comparative law study and a collection of contributions from around the world on an important and controversial field, this book will prove of tremendous practical interest for the industry involved and for the public. Applicants for pharmaceutical patents, third parties, and interested legal practitioners will benefit greatly from its thorough comparative analysis and guidance. This book is the second volume in the AIPPI Law Series which has been established together with the International Association for the Protection of Intellectual Property (AIPPI).
| Author | : National Research Council |
| Publisher | : National Academies Press |
| Total Pages | : 352 |
| Release | : 2003-08-11 |
| Genre | : Political Science |
| ISBN | : 0309167183 |
This volume assembles papers commissioned by the National Research Council's Board on Science, Technology, and Economic Policy (STEP) to inform judgments about the significant institutional and policy changes in the patent system made over the past two decades. The chapters fall into three areas. The first four chapters consider the determinants and effects of changes in patent "quality." Quality refers to whether patents issued by the U.S. Patent and Trademark Office (USPTO) meet the statutory standards of patentability, including novelty, nonobviousness, and utility. The fifth and sixth chapters consider the growth in patent litigation, which may itself be a function of changes in the quality of contested patents. The final three chapters explore controversies associated with the extension of patents into new domains of technology, including biomedicine, software, and business methods.
| Author | : Toshiko Takenaka |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2015 |
| Genre | : Law |
| ISBN | : 9780199679201 |
The United States, Germany, and Japan constitute the three most significant patent systems, but there is considerable variation in procedure and jurisprudence between them. A comparison of these systems for patent enforcement can illuminate historical pathways and contemporary conduits to address contemporary challenges and encourage the adoption of new legal ideas. This book provides a comprehensive guide to the extent of patent protection, validity challenges, enforcement procedures, and infringement remedies in these three major jurisdictions. By examining the major provisions of patent statutes and court decisions in these markets, it explores fundamental patent theories and principles, evaluates current systems, and proposes best practice for patent enforcement in developed, emerging, and frontier markets. Comparative analysis and historical jurisprudence of the three core paradigms in patent enforcement will to help readers to develop a more nuanced understanding of current systems and how a legal innovation in one jurisdiction is adopted in others. Authored by a team of academics and experienced patent practitioners, it provides invaluable first-hand experience and insightful discussion of patent jurisprudence that will be of great interest to academics, policy-makers and practitioners alike.
| Author | : C. Bradford Biddle |
| Publisher | : Cambridge University Press |
| Total Pages | : 379 |
| Release | : 2019-06-27 |
| Genre | : Business & Economics |
| ISBN | : 1108426751 |
Through a collaboration among twenty legal scholars from North America, Europe and Asia, this book presents an international consensus on the use of patent remedies for complex products such as smartphones, computer networks, and the Internet of Things. This title is also available as Open Access on Cambridge Core.
| Author | : Robert P. Merges |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 679 |
| Release | : 2018-04-27 |
| Genre | : Law |
| ISBN | : 1785368257 |
As companies and organisations increasingly operate across national boundaries, so the incentive to understand how to acquire, deploy and protect IP rights in multiple national jurisdictions has rapidly increased. Transnational Intellectual Property Law meets the need for a book that introduces contemporary intellectual property as it is practiced in today’s global context. Focusing on three major IP regimes – the United States, Europe and China – the unique transnational approach of this textbook will help law students and lawyers across the world understand not only how IP operates in different national contexts, but also how to coordinate IP protection across numerous national jurisdictions. International IP treaties are also covered, but in the context of an overall emphasis on transnational coordination of legal rights and strategies.
