Patents law Books

Book SynopsisThis 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 challengesTrade Review'The editors have mustered a wide range of authors, including legal practitioners, academics and a Constitutional Court Justice, to opine on a broad range of topical issues confronting rule-makers concerning pharmaceutical patent law. This diversity makes for a varied discussion.' John A. Tessensohn, European Intellectual Property Review 'A solid reference book for scholars and those interested in governments’ struggle between incentivising innovation and access to affordable medicine.' John A. Tessensohn, European Intellectual Property ReviewTable of Contents1. Introduction: A Holistic Approach to Pharmaceutical Patent Law and Policy, Bryan Mercurio and Daria Kim Part 1: Pharmaceutical Patents and Related Types of Protection 2. Patentability of Pharmaceutical Inventions under TRIPS: Domestic Court Practice Testing International Policy Space, Roberto Romandini and Henning Grosse Ruse-Khan 3. Biologics, Biosimilars and Other Idiosyncrasies, Yaniv Heled 4. Index of Data Exclusivity and Access (IDEAS): An Analysis of Test Data Exclusivity Provisions in Free Trade Agreements and National Laws, Owais Hassan Shaikh 5. Patent Linkage Regulations: The Importance of Context and of Balancing Competing Interests, Bryan Mercurio Part 2: Balancing Patent Protection with Available Flexibilities 6. The Bolar Exception: Legislative Models and Drafting Options, Carlos Correa 7. Compulsory Licensing: Threats, Use and Recent Trends, Chang-fa Lo 8. A Manufacturing for Export Exception, Xavier Seuba, Luis Mariano Genovesi and Pedro Roffe Part 3: A Broader View on Incentives for Pharmaceutical Innovation 9. The Price of Exclusivity: The Economics of Patent Extensions and Data Protection, Aidan Hollis and Paul Grootendorst 10. Rationalizing Innovation Incentives under Drug Approval Regulation: National Policy Perspective, Daria Kim 11. The Trans-Pacific Partnership Agreement and Its Implications for Access to Medicine, Jakkrit Kuanpoth

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Book SynopsisIdeas are the fuel of industry and the entertainment business. Likewise, manufacturers receive suggestions for new products or improvements to existing products, and retailers frequently receive ideas for new marketing campaigns. Many ideas are not new and may be used by anyone without the risk of incurring any legal liability, but some ideas are novel and valuable. If the originator of a potentially useful idea does not have the financial resources to exploit the idea, he or she may submit it to another, with the expectation of receiving compensation if the idea is used. Although an extensive body of intellectual property law exists to protect the rights of inventors, authors, and businesses that own valuable brands or confidential proprietary information, raw ideas receive no protection. Nevertheless, the originator of a potentially useful and marketable idea is not without legal recourse. The courts have developed, through a long line of common law precedents, legal protection foTable of ContentsChapter 1 Introduction to the Law of IdeasChapter 2 Legal Theories of Idea ProtectionContract LawBreach of Express ContractBreach of Implied ContractUnjust Enrichment and Quasi-ContractBreach of Confidence or Confidential RelationshipMisappropriation of PropertyChapter 3 Intellectual Property Protection and PreemptionPatent LawCopyright LawTrademark LawTrade Secret LawFederal Preemption of State Law Theories of Idea ProtectionPatent PreemptionCopyright PreemptionTrade Secret PreemptionChapter 4 Requirements for Idea ProtectionThe Novelty RequirementThe Concreteness RequirementChapter 5 Scope of Liability for Idea TheftRecipient’s Use of the IdeaThe "Blurt-Out" DefenseThe Independent Development DefenseChapter 6 Comparative Approaches to Idea ProtectionProtection of Ideas under International Intellectual Property LawProtection of Ideas under National LawsChapter 7 Practical Aspects of Idea SubmissionsIdea Providers: The Nondisclosure AgreementIdea Recipients: The Idea Submission AgreementChapter 8 Selected Bibliography on the Law of IdeasIndex of Main Cases and AuthoritiesIndex of Terms

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Book SynopsisThis book provides an in-depth study on current perceptions of, and responses to, fragmentation in the European patent system (EPS). For decades, attempts have been made to address this fragmentation by introducing a unitary patent system. The most recent attempt, the EU unitary patent system, will be the first of its kind. It is expected to significantly change the EPS. However, rather than reducing existing fragmentation, it will likely add to it. Based on an analysis of the current and forthcoming system, the book argues that the inherent nature of fragmentation within the EPS needs to be recognised and suggests that a multifaceted approach is required to respond to it. Uniquely, it draws on work regarding fragmentation outside of the patent and intellectual property regimes, gaining insights from both European law-making and the international legal system. These insights are used to investigate current responses to fragmentation in the EPS. Interpretations of substantive patent law are examined, including claim construction (Actavis v Eli Lily), exceptions to patentability related to uses of human embryos for industrial or commercial purposes (WARF, Brüstle, ISCC), and products resulting from essentially biological processes (Broccoli and Tomatoes II, G3/19). Attempts towards convergence in these areas have had mixed results and in some instances fragmentation may be necessary. However, similar techniques to those applied in the international legal system to respond to fragmentation are being used in the EPS, and, where this is seen, it has been to good effect. It is argued that these methods should be recognised, structured, and promoted to make our response to fragmentation more effective. Fragmentation and the European Patent System will be of interest to academics, students and practitioners looking for a new perspective on the EPS.Table of ContentsIntroduction I. Background II. The European Patent System III. Terminology IV. Perspectives on Fragmentation V. Outline PART I FRAGMENTATION AND THE EUROPEAN PATENT SYSTEM TODAY 1. Existing Routes to Patent Protection in Europe I. National Patent Systems II. The European (EPC) Patent System III. The International Patent Application IV. Existing Fragmentation 2. Forthcoming Route to EU Unitary Patent Protection I. Background to the Unitary Patent Package II. The Unitary Patent Package III. Concerns Related to the Unitary Patent Package IV. Further Fragmentation PART II ALTERNATIVE PERCEPTIONS OF FRAGMENTATION 3. Fragmentation in European Law-Making I. Constructing Europe and the European Patent System II. The Impact of Expansion III. Fragmentation as a Means of Integration 4. Fragmentation in the International Legal System I. Fragmentation in the International Legal System II. Application to the European Patent System III. Fragmentation as an Inherent Aspect of a Legal System PART III FRAGMENTATION AND SUBSTANTIVE PATENT LAW 5. Responding to Fragmentation as an Inherent Aspect of the European Patent System I. Areas of Divergence II. Towards Convergence – Judicial Dialogue and Cooperation III. Fragmentation as an Inherent Aspect of the European Patent System 6. Accepting Fragmentation as a Necessary Aspect of the European Patent System I. The Impact of the Biotech Directive II. Interpretations of the Exceptions to Patentability III. Impact of the Unitary Patent Package IV. Considering Diversity and Value Pluralism when Responding to Fragmentation Conclusion: Fragmentation and the European Patent System

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Book SynopsisIn Pharmanomics, investigative journalist Nick Dearden digs down into the way we produce our medicines and finds that Big Pharma is failing us, with catastrophic consequences.Big Pharma is more interested in profit than health. This was made clear as governments rushed to produce vaccines during the Covid pandemic. Behind the much-trumpeted scientific breakthroughs, major companies found new ways of gouging billions from governments in the West while abandoning the Global South. But this is only the latest episode in a long history of financialising medicine - from Purdue's rapacious marketing of highly addictive OxyContin, through Martin Shkreli's hiking the price of a lifesaving drug, to the 4.5 million South Africans needlessly deprived of HIV/AIDS medication.Since the 1990s, Big Pharma has gone out of its way to protect its property through the patent system. As a result, the business has focused not on researching new medicines but on building monopolies. This system has helped restructure our economy away from invention and production in order to benefit financial markets. It has fundamentally reshaped the relationship between richer and poorer countries, as the access to new medicines and the permission to manufacture them is ruthlessly policed. In response, Dearden offers a pathway to a fairer, safer system for all.Trade ReviewNick Dearden's book is about the structural foundations of a global market in life-saving medicines. A market dependent on taxpayer subsidies, but designed to strip both rich and poor governments of the power to improve health. An essential read for those that care about saving lives, and that want the system changed. -- Ann Pettifor, author of A Case for the Green New Dealbrings together detailed investigative research with lessons from the frontlines of the fight for access to medicines. It exposes a global apartheid in which a few mostly white male Pharma bosses make billions while billions of people are left without essential medicines. It exposes how the problem of medical monopolies is not a few rule-breakers but the rules themselves. Most crucially, it shows how the system which put profits over people's lives was man-made, and how through collective action people can unmake it, for everyone's health. -- Winnie Byanyima, UNAIDS Executive Director and United Nations Under-Secretary-GeneralCarefully researched ... Despite the depressingly familiar story of greedy, rapacious capitalism, this is a hopeful book. -- Mike Phipps * Labour Hub *Authoritative, detailed, practical and written with passion ... inspiring -- Clare Sansom * East Anglia Bylines *A fascinating account of the evolution of Big Pharma into a profit-hungry monster that destructively distorts a major component of the world's healthcare systems . an enormously useful book. * Counterfire *Table of ContentsIntroduction: Bad Apples1. A History of Scandal2. A Hedge Fund with a Pharmaceutical Firm Attached3. It Was Greed, My Friends4. The Pandemic Begins5. Recolonising the Global Economy6. The Hospital That Became a Trading Floor7. A New Hope8. Reach for the Moon

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Book SynopsisAuthored by world renowned activist and environmental leader Vandana Shiva, Reclaiming the Commons presents the history of the struggle to defend biodiversity and traditional practices against corporate biopiracy and details efforts to realize legal rights for Mother Earth and achieve the vision of the universal commons and Earth as Family.

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Book SynopsisAre innovation and creativity helped or hindered by our intellectual property laws? In the two hundred plus years since the Constitution enshrined protections for those who create and innovate, we're still debating the merits of IP laws and whether or not they actually work as intended. Artists, scientists, businesses, and the lawyers who serve them, as well as the Americans who benefit from their creations all still wonder: what facilitates innovation and creativity in our digital age? And what role, if any, do our intellectual property laws play in the growth of innovation and creativity in the United States? Incentivizing the progress of science and the useful arts has been the goal of intellectual property law since our constitutional beginnings. The Eureka Myth cuts through the current debates and goes straight to the source: the artists and innovators themselves. Silbey makes sense of the intersections between intellectual property law and creative and innovative activity by centTrade Review"Ultimately, The Eureka Myth does truly 'chart new terrain for our understanding of . . . scientific and artistic innovation and the intellectual property that purports to sustain them' (pp.5–6). Silbey offers unique insights into the work and motivations of creators and innovators and makes an original and thoughtful contribution to the discourse on intellectual property rights. The Eureka Myth would be a good addition to an academic law library collection, and it is a worthwhile read for anyone interested in intellectual law and policy."—Morgan M. Stoddard, Law Library Journal"The purpose of intellectual property laws is to promote the 'progress of science and useful arts' by securing property rights for authors and creators . . . Silbey articulates a compelling challenge to the incentive argument . . . A compelling counter to common assumption about IP law, backed by interesting anecdotal evidence, that will interest IP law scholars and practitioners . . . Recommended."—C. Fruin, CHOICE"The Eureka Myth substantially advances our understanding of why and how artists, scientists, businesses, and the lawyers who serve them use intellectual property as part of broader strategies, and how both economic and moral claims about creativity and IP match—and mismatch—with the formal law."—Rebecca Tushnet, Georgetown University Law Center"The Eureka Myth enriches our empirical understanding of the roles that intellectual property laws play in the lives of individual creators in scientific, and more literary and artistic fields. This provocative book explains why creators sometimes under-enforce their rights, and contrary to the common assumptions of IP specialists, it shows that individual creators rarely think of intellectual property rights as an inducement to be creative."—Pamela Samuelson, Berkeley Law School"The relationship between intellectual property law and human creativity is too often assumed rather than interrogated. By listening to creators, Silbey uncovers new and different reasons why people create and how intellectual property matters. This wise and luminous book is required reading for anyone who claims to understand IP law."—Julie E. Cohen, Georgetown University"At last—a book that provides the only sound basis for sound policy. Silbey did the hard work of asking those who create why they create and what they need to keep creating. In place of phony political bromides like 'I stand with artists,' we can finally hear what artists themselves say. We should listen."—Bill Patry, Senior Copyright Counsel, GoogleTable of ContentsContents and AbstractsIntroduction: Introduction chapter abstractThe introduction introduces the book as a qualitative empirical interview study with artists, scientists, engineers and business people in creative and innovative industries. It situates the book as an investigation into the motives and mechanisms of creative and innovative work and in the context of the theoretical and quantitative literature on IP and its success at achieving the "progress of science and the useful arts," a Constitutional goal. Based on analysis of the accounts from the interviews, the introduction describes how there exists a diversity of reasons for and mechanisms by which creative and innovative work gets made and distributed, only a small part of which is intellectual property law. This challenges core principles of IP law, especially an assumption that exclusivity through property rights is essential to stimulating art, science and technological progress. 1Inspired Beginnings chapter abstractChapter 1 traces the features of a specific story form, "the origin story" throughout the interviews. An "origin story" begins with an inspired moment that sets the person or organization on its path. Origin stories serves particular purposes. They explain how a culture or society began (e.g., Genesis). They infuse an aspect of everyday life with special significance by explaining why things are as they are (e.g., "you were born that way"). They guide how things should evolve in the future (e.g., "the agreement memorializes our future intentions"). Each interviewee explains a milestone in their professional life in terms of an origin story, referring to a past that has unique significance for making sense of the present. Chapter 1 canvasses these origin stories to explain how most describe the embarkation of their work in art or science mostly due to intrinsic or serendipitous forces, unrelated to IP. 2Daily Craft: Work Makes Work chapter abstractChapter 2 explores the varied ways the interviewees describe their daily work. Similarities in accounts coalesce around the dimensions of time, space and labor. Most articulate a common respect for constant and committed daily work, focusing on the importance of physical spaces (studio, lab, desk) and time spent. Distinct metaphors and word patterns illuminate the expressive focus on time, space and labor, highlighting a misfit between IP protection and the interviewees' aspirations or expectations for reward. Interviewees describe work with natural metaphors (e.g., harvesting or fishing), implying that the physical labor dignifies the output. This contrasts with IP, which does not reward labor or time. Interviewees translate their intellectual work into tangible output, comparing their work to real or personal property. Ironically, describing the value of their work in material terms strengthens the possessive impulse manifesting as property claims that are more robust than IP law provides. 3Making Do With A Mismatch chapter abstractChapter 3 describes the transitions from beginnings and everyday work to the business of developing a career in IP-rich fields. Interviewees provide diverse accounts of "making do" in creative and innovative industries. Although some interviewees describe direct reliance on specific forms of IP, many business models rely only indirectly on IP rights. Indeed, most interviewees embrace a system of IP that is "leaky" or misaligned insofar as IP is not the optimal avenue for achieving professional goals. Interviewees rarely describe the need to exercise the full range of exclusivity to which IP law entitles them. Although IP rights are both under-enforced and over-enforced at times, the most common strategy interviewees describe is to relax IP rights in order to achieve three common goals: a sustainable business, productive and satisfying relationships, and a measure of autonomy in life and work. 4Reputation chapter abstractChapter 4 describes how interviewees value reputation and attribution. When asked to describe some of the most contentious infractions during their career, interviewees describe reputational free riding, not economic free riding. And where the two intersect (which is often, especially in the trademark context), language of dignity and desert rather than economic harm dominates. Moreover, interviewees assert a desire for reputational control from IP law where it rarely exists. This Chapter analyzes the common accounts and metaphors that predominate in stories of reputational injury – stories of family, bodily integrity and life or death. Understandably, emotions run high in this context and the language seeking to justify the entitlement to reputational control often resemble stronger rights and obligations than IP (or neighboring regimes) provide. Over-protection in these situations can lead to misuse of IP laws or an increasing frustration from artists and scientists that IP law is irrelevant to them. 5Instruction: How Lawyers Harvest IP chapter abstractChapter Five describes how IP intervenes as an external force shaping and directing art and science. IP law affecting the work's on-going vitality is largely absent until a lawyer or business partner intervenes. IP arrives later for creative and innovative work trajectory and comes with a coach. Interviewees describe lawyers as disruptive and distracting, whereas the lawyer describes herself as bringing tools to facilitate work or business. When the lawyer is welcome, it is when she has translated IP into client interests resonating with everyday work or goals. The lawyer's varied characterizations of IP in terms the client accepts correlates to jurisprudential categories of legality (e.g., natural law, distributive justice). This invites the conclusion that IP's form and purpose, shaped by legal advice and client concerns, is not predetermined by legal rules or economic principles, but is constitutive of creativity and innovation and influenced by preexisting interests and motivations. 6Distribution: How IP Circulates chapter abstractDissemination is the ultimate goal of IP and a dominant reason interviewees pursue their work. Interviewees describe managing formal and informal agreements outlining the nature and scope of distribution. These agreements vary, from free and promiscuous sharing to circumscribed and discriminating price schemes. The propertization of the work (protecting it through exclusivity) is sometimes a precondition to fulfilling distribution goals, which include: earning a living, building relationships, sustaining professional autonomy and challenging core competencies. But interviewees describe how relaxed distribution networks satisfy most personal and professional goals. Indeed, strictly controlling dissemination – what IP law provides – is only one distributional method and not the most common. This chapter analyzes the interviews for accounts of the many forms dissemination takes and the reasons for engaging in it, unpacking the relationships between exclusive rights to distribution on the one hand and dissemination as a form of professional and personal success on the other. Conclusion: Conclusion chapter abstractThe book closes with a summary of how U.S. intellectual property regimes are misaligned with the needs of and hopes for those engaging in creative and inventive work. It further suggests reasons for and ways that the IP system should remain misaligned: to promote choice and flexibility for creators and innovators (whether or not they own or claim IP rights). But the conclusion also suggests places in our IP system where some relaxation of our IP system might usefully occur in order to facilitate core concerns of IP-rich fields and their audience as accounted for in the interview data.

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Book SynopsisEconomic growth has traditionally been attributed to the increase in national production arising from technological innovation. Using a panel of seventy-nine countries bridging the North-South divide, Patent Intensity and Economic Growth is an important empirical study on the uncertain relationship between patents and economic growth. It considers the impact of one-size-fits-all patent policies on developing countries and their innovation-based economic growth, including those policies originating from the World Intellectual Property Organization, the World Trade Organization and the World Health Organization, as well as initiatives derived from the TRIPS Agreement and the Washington Consensus. This book argues against patent harmonization across countries and provides an analytical framework for country group coalitioning on policy at UN level. It will appeal to scholars and students of patent law, national and international policy makers, venture capitalist investors, and research anTable of ContentsIntroduction; 1. Setting the framework: patenting and economic growth policy; 2. Convergence clubs, coalitions and innovation gaps; 3. Institutions, gerd intensity and patent clusters; 4. Gerd by type, patenting and innovation; 5. Patent intensity by employment and human resources; 6. Spatial agglomeration of innovation and patents; Conclusion; Appendix; Index of persons; Index of subjects; Index.

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Book SynopsisWhat is the licensing framework of standard essential patents (SEPs) for connectivity standards such as 5G and Wi-Fi? How will the framework change with the Internet of Things (IoT)? This book provides comprehensive answers to these questions. For over two decades, connectivity standards have been the subject of litigation and controversy around the globe. Now, with the introduction of 5G and the emergence of the world of connected objects, or the IoT, the licensing framework for SEPs is becoming even more contentious. In order to bring clarity to the debate, this book analyses and explains key components of a fair, reasonable and non-discriminatory (FRAND) licence for SEPs; clarifies the economic, policy and market background of SEP disputes; examines the interrelated application of contract, patent and competition laws; and describes the approaches by courts and regulators in the EU, US and the UK. Importantly, the book also assesses how the experience from the smartphone and ICT industries can be applied in a new environment of the IoT, and considers what needs to be changed in the future SEP licensing landscape. The book provides a holistic coverage of SEP licensing issues in an attempt to reduce uncertainty within this highly complex and technical area, and will be useful to practitioners, policy makers, SMEs and large technology companies in the IoT, as well as academics interested in the field.Table of ContentsI. Setting the Context II. Structure PART I THE STANDARD-DEVELOPMENT ENVIRONMENT 1. Standards, Standard-Development Organisations and Standard Essential Patents I. Standards A. Technical Interoperability Standards B. Classification of Standards i. Standards Based on their Source a. De Facto Standards b. Collaborative Standards c. Governmental Standards ii. Open and Closed Standards II. Standard Development Organisations A. Types of SDOs B. Membership C. How SDOs Develop Standards III. Standard Essential Patents A. SEPs in IPR Policies of SDOs i. Disclosure Rules ii. Licensing Rules B. The Meaning of Essentiality C. The Problem of Over-Disclosure IV. Conclusion 2. The Dynamics of Standard Essential Patent Licensing: Patent Holdup, Holdout and Royalty Stacking I. Industry Convergences and Changing Market Dynamics II. Patent Holdup and Royalty Stacking A. Patent Holdup B. Royalty Stacking C. The Influence of Patent Holdup and Royalty Stacking Theories III. Criticism of Patent Holdup and Royalty Stacking Theories A. The Lack of Empirical Evidence of Systematic Negative Effects B. The Misunderstanding of the Standardisation Process and Legal Licensing Framework IV. Patent Holdout V. Conclusion PART II THE MEANING AND CONTENT OF A FRAND LICENCE 3. The Nature of a FRAND Commitment I. The Principles and the Text of a FRAND Commitment II. The Enforceability of a FRAND Commitment A. Contract Law i. Can SDO Non-Members Rely on a FRAND Contract? ii. Is a FRAND Commitment Sufficiently Clear to be an Enforceable Contract iii. Transferability of a FRAND Commitment iv. Not All Jurisdictions Recognise Third-Party Beneficiary Rights v. SDOs Could Clarify the Contractual Nature of a FRAND Commitment B. Competition Law i. EU Competition Law and Breach of FRAND Commitments ii. US Antitrust Law and Breach of FRAND Commitments iii. The Role of Competition Law in the SEP Context C. Alternative Theories on the Enforceability of FRAND Commitments III. Conclusion 4. FRAND Royalty I. The Principles of FRAND Royalty A. The Value of the Technology Itself (the Ex Ante Incremental Value Approach) i. Reception in Practice ii. Criticism of the Ex Ante Incremental Value Approach a. Misunderstanding the Standard-Development Process b. Depreciating the Value of SEPs c. Not Used in Real-World Commercial Transactions d. Inapplicability in Practice B. Sharing the Value of Standardisation II. Calculating FRAND Royalties in Practice A. Comparable Licences i. Application in Practice B. Top-Down Approach i. Application in Practice C. Other Approaches III. Conclusion 5. The Non-Discrimination Requirement of a FRAND Commitment I. Positive and Negative Aspects of Price Discrimination in Standard Essential Patent Licensing II. The Non-Discrimination Requirement in the Text of a FRAND Commitment III. No Requirement to Apply Uniform Terms to All Licensees IV. Interpretations of the Non-Discrimination Requirement of a FRAND Commitment A. Prohibition of Discrimination between Different Levels of the Production Chain B. Prohibiting Price Discrimination of Vertically Integrated SEP Holders against Downstream Competitors C. Prohibiting Discrimination against Similarly Situated Licensees i. Which Licensees are Similarly Situated? ii. When is Dissimilar Treatment Discriminatory? iii. What are the Remedies for Discrimination? V. The Application of the Non-Discrimination Requirement of a FRAND Commitment VI. Confidentiality Agreements and Disclosure of Licences VII. Conclusion 6. FRAND Royalty Base I. Introduction: The End-Product or Component? II. The Appropriate FRAND Royalty Base III. The Legal Requirement to Use a Particular Royalty Base A. Origins and Evolution of the SSPPU Theory i. US Patent Damages System and the Emergence of the SSPPU Theory ii. Reception and Expansion of the SSPPU Doctrine by the Federal Circuit iii. Clarification and Backtracking of the SSPPU Doctrine by the Federal Circuit iv. Jury Bias as a Reason for the Introduction of the SSPPU B. Conclusion IV. The Royalty Base in Standard Essential Patent Litigation V. Conclusion 7. FRAND and Value Chain Licensing I. The Value Chain Licensing Debate II. Patent Law and Value Chain Licensing III. FRAND Commitments and Value Chain Licensing IV. Competition Law and Value Chain Licensing A. Refusal to License and EU Competition Law B. Article 101 TFEU and the Horizontal Cooperation Guidelines C. Refusal to License and US Antitrust Law V. Policy Outlook for the Internet of Things VI. Conclusion 8. Remedies I. Injunctions A. Principles of Equity (US Courts) B. Public Policy (International Trade Commission) C. Unfair Competition (Federal Trade Commission) D. Competition Law (EU) i. The Interpretation of Huawei v ZTE by National Courts E. Conclusion II. Global or Territorial Scope of a FRAND Licence? III. Antisuit Injunctions IV. Past Damages V. Procedural Remedies to Facilitate Patent Licensing A. A FRAND Trial First B. Interim Payments VI. Conclusion PART III STANDARD ESSENTIAL PATENT LICENSING IN THE INTERNET OF THINGS 9. Standard Essential Patent Licensing in the Internet of Things I. Challenges of FRAND Licensing in the Internet of Things II. Current Proposals for Improving the Standard Essential Patent Licensing Framework A. Transparency of the SEP Landscape B. Unilateral Ex Ante Disclosure of Maximum Licensing Terms C. Collectively Setting an Aggregate Royalty for a Standard D. Global Rate-Setting Tribunals III. Collective Licensing Models for the Internet of Things A. Patent Pools for the IoT i. Overcoming the Obstacles in Pool Formation a. Assembling a Critical Number of Upstream Companies is Sufficient b. Pool Royalty to Induce Pool Participation and Prevent Free Riding c. Division of Royalties d. Essentiality Checks e. IoT Industry-Specific Licensing Terms f. Transparency of Terms and Patents B. Implementers’ Collective Licensing Associations IV. Conclusion

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Book SynopsisThis new edition captures all of the recent and rapidly emerging changes in case law and the America Invents Act, yet retains its student- and professor-friendly approach to the policies and rules of patent law. This version teaches the far-reaching legal tenets of patent law that are venerable and yet as current as the latest developments from the laboratory bench. Like its successful predecessors, this casebook draws on insights from other areas of U.S. law as well as from aspects of foreign systems. In particular this new edition features new chapters on the Patent Trial and Appeal Board, Standard Essential Patents, and prior art under the AIA.

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Book SynopsisThis new book merges the concepts of traditional agriculture, crop sustainability, and intellectualproperty rights associated with plant protection and agricultural products. It discusses various strategies associated with crop tolerance to adverse environmental conditions and also highlights the role of agricultural intellectual property rights, along with the implications for plant patents, protection of farmers’ rights, and geographical indication in plant products, to provide a broader outlook toward strategies for sustainable agriculture and global food security associated with IPR.The chapters provide an overview of sustainable crop cultivation in traditional agriculture as well as with new biotechnological approaches. The volume explores several stress resilience strategies and issues for crops, considering how to mitigate the effect of increased carbon dioxide concentration, heavy metal pollution, over-salinized soils, and cold spells. It also discusses how to make desert farming more efficient; how to increase abiotic stress tolerance of crops with grafting, seed soaking/priming, soil amendment, and more.The chapters on agricultural intellectual property rights address IPR in conjunction with food security, the rights of farmers, legal applications and protection of plant patents, protection of traditional knowledge, international legal issues, and plant variety protection rights in agriculture and more.Table of ContentsPart I: Sustainable Crop Cultivation 1. Sustainable Crop Cultivation: A Comprehensive Update 2. Traditional Agriculture: A Sustainable Approach towards Attaining Food Security 3. Plant Bioactive Compounds: Biotechnological Applications for Novel Molecules Part II: Stress Resilience Strategies in Crops 4. Rice Physiology and Sustainability in the Face of Increasing Carbon Dioxide Concentration 5. An Analysis of the Physiological and Biochemical Attributes in Tomato Fruits Affected by Salinity Stress 6. Crop Improvement in Deserts 7. Grafting, Seed Soaking/Priming, Soil Amendment, and Foliar Application as Tools to Increase Abiotic Stress Tolerance of Crops 8. Heavy Metal Stress Tolerance in Plants: Signaling Responses and Role of Plant-Microbe Association 9. Hydrogen Peroxide as Signaling Molecule in Plant Abiotic Stress 10. Plant Cell During Cold Stress: Sensing, Signaling, and Regulations Part III: Traditional Knowledge and Intellectual Property Rights: Implications in Plant Science 11. Intellectual Property Rights Vis-À-Vis Food Security: A Critical Analysis 12. Repatriation of Traditional Knowledge through the Lens of International Legal Instruments 13. International Convention for Protection of Geographical Indication and Its Application in Agriculture: A Legal Perspectives 14. Farmers’ Rights: An Indian Scenario 15. From Green Revolution to Green Innovation: How IP and Trademarks Catalyze Commercialization of Agriculture and Plant Products 16. Delineation of Legal Application and Protection of Plant Patent: A Critical Study 17. IP Protection of Traditional Knowledge (TK) and Traditional Cultural Expressions (TCE) in Regions of Northeastern India: An Ecological Context 18. International Legal Issues and Plant Variety Protection Rights in Agriculture

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Book SynopsisPatent Transactions in the Life Sciences is designed to provide guidance on the structure and detail of those agreements in the life sciences sector that are based on its most import assets - patents and know-how. As a companion to Intellectual Property in the Life Sciences, it is intended to cover the practical what, where, why and when of patent transactions in this sector, under the leading legal regimes. The book explains the rights that underpin life sciences transactions and describes the architecture, features and purpose of those transactions. It covers issues from the basics of a licence and assignment to complex agreements. The book also explores the types of deal that commonly feature in the industry at the corporate level and how patents fit in. Associated issues of licence disputes, competition rules, securitisation, insolvency and taxation are also examined. This new guide will be a valuable resource for lawyers, in-house counsel and other professionals advising on transactions in the life sciences industry, particularly where they have global reach.Table of ContentsIntroduction 5 Paul England Taylor Wessing Looking ahead to 13 the unitary patent Paul England Taylor Wessing Belgium 19 Philippe de Jong Christophe Ronse ALTIUS Canada 35 Rory Cattanach Kevin Fritz Wildeboer Dellelce LLP Noel Courage Bereskin & Parr LLP China and Hong Kong 51 Joanna Chan Lewis Ho Monique Lee Dechert LLP Denmark 85 Klaus Ewald Madsen Christian Bennet Rosenbak Bech-Bruun France 99 Laetitia Benard Allen & Overy LLP Germany 121 Nicole Battistini-Kohler Manja Epping Michael Gaul Christof Hohne Matthias Hulsewig Anja Lunze Steffen Wirsing Taylor Wessing India 153 Disket Angmo Fiona Desouza Jose Madan Khaitan & Co Israel 169 Uri Fruchtman Liad Whatstein Dr Shlomo Cohen & Co Italy 191 Luca Trevisan Trevisan & Cuonzo Japan 209 Frederick Ch'en Eiichiro Kubota Hogan Lovells Netherlands 237 Carreen Shannon Deterink South Korea 255 Mikyung Choe H Joon Chung Yoon Young Huh Ji Eun Kim Jongguk Pak Kim & Chang Sweden 271 Jennie Klingberg Odd Swarting Setterwalls Switzerland 285 David Broenimann Christoph Heiz Simon Holzer Kilian Scharli Andrea Sieber Meyerlustenberger Lachenal United Kingdom 303 Malcolm Bates Colin McCall Louisa Penny James Stewart Tim Worden Taylor Wessing LLP United States 343 Chuck Larsen Anita Varma Ropes & Gray LLP About the authors 373

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Book SynopsisIn this thoroughly updated second edition, Matthias Herdegen provides a comprehensive and contemporary assessment of the regulation of biotechnology processes and products from an international and comparative perspective, complete with analysis of intricate legal and ethical debates.Trade Review‘The 2nd edition of this magisterial work remains an essential reference work on the international law of biotechnology, now updated with the latest developments. The book is and remains a must-read for anyone interested in biotechnology law and a valuable reference guide for experts working in this field.’ -- Prof. Dr. Claudia Seitz, M.A. (London), Professor for Public Law, European Law, International Law and Life Sciences Law at the Faculty of Law of the Private University in the Principality of LiechtensteinTable of ContentsContents: Preface 1. Introduction: regulation of biotechnology, between anxieties and trust in scientific progress 2. Law and ethics: an intriguing interplay 3. Risks, perceptions and the law: regulatory approaches to risk 4. The biotech challenge to human dignity, life and freedom of choice: human rights 5. From test tube babies to human clones: salient issues in the international law of biomedicine 6. GMOs, crops and precaution: biotechnology and international protection of the environment 7. Combating biopiracy: access to genetic resources 8. Phantom risks and legitimate concerns: biotechnology and international trade law 9. Inventors’ claims to life: intellectual property rights and biotechnological inventions 10. Conclusion: legal values, individual rights and democratic choices in a pluralist world Index

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Book SynopsisThe second edition of this acclaimed and widely-used book has been thoroughly updated in light of, among others, the revised Rules of Procedure of the Boards of Appeal, which entered into force in January 2020. It provides the first detailed understanding of these new rules and their influence on opposition and appeal proceedings. This second edition gives valuable guidance on how to: draft and prosecute patent applications to avoid problems later on in opposition and appeal properly attack or defend a patent react if the patent is amended argue in case of late filings act in oral proceedings. Dealing with all stages of proceedings before the EPO, this book provides fresh insight into how best to act at each stage to successfully complete a case in opposition and appeal, detailing how opposition divisions and boards of appeal approach the cases before them. Experienced practitioners will find that the detailed case law citation adds depth to their knowledge. The 'practical advice' sections and 'example cases' provide patent lawyers and attorneys with invaluable guidance on specific procedural and substantive questions.Trade Review'The book is an excellent read for anyone preparing for their first oppositions or appeals, as it gives a very good overview with practical tips as well as common pitfalls to avoid. For the more experienced ones, the big benefit of the book is the abundant references to case law. A section I particularly appreciated was the very clear and explicit explanation of hearing of witnesses. Another big bonus is of course the references to the 2020 Rules of Procedure of the Boards of Appeal.' --Kaisa Suominen, Moosedog Oy, Finland'This excellent book brings together the theory and practice of opposition and appeal at the European Patent Office. The expert authors explain the legal framework in an accessible manner and provide numerous tips which are based on many years of experience. This book helps you to make the right choices already during drafting the patent application and in opposition so that you will be in the best possible starting position for your appeal under the 2020 Rules of Procedure.' --Nyske Blokhuis, EP&C Patent Attorneys, the Netherlands/BelgiumTable of ContentsContents: Preface 1. Introduction 2. Drafting and prosecution stage 3. Opposition stage 4. Appeal stage – inter partes appeals 5. Appeal stage – ex parte appeals 6. Further issues 7. Conclusion Index

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Book SynopsisThis groundbreaking work offers a first-of-its-kind overview of legal informatics, the academic discipline underlying the technological transformation and economics of the legal industry. Edited by Daniel Martin Katz, Ron Dolin, and Michael J. Bommarito, and featuring contributions from more than two dozen academic and industry experts, chapters cover the history and principles of legal informatics and background technical concepts including natural language processing and distributed ledger technology. The volume also presents real-world case studies that offer important insights into document review, due diligence, compliance, case prediction, billing, negotiation and settlement, contracting, patent management, legal research, and online dispute resolution. Written for both technical and non-technical readers, Legal Informatics is the ideal resource for anyone interested in identifying, understanding, and executing opportunities in this exciting field.Trade Review'This is not just a book. It is a movement. In this superb collection, Katz, Dolin, and Bommarito not only provide a comprehensive primer on why the market for legal services is being disrupted, and how this disruption will take place, but also lay the groundwork for a whole new discipline - legal informatics - that can supply the intellectual and practical scaffolding for the new legal world these changes will bring into being. It is required reading for anyone seeking to participate in this transformation, or who will be affected by it - which, as this seminal volume makes clear, is all of us.' David Wilkins, Lester Kissel Professor of Law and Faculty Director of the Center on the Legal Profession, Harvard Law School'This volume is a treasure trove for anyone interested in how technology can enable and enhance the delivery of legal services. The editors have done a first rate job of curating the research, insights and practical experiences of many of the world's leading experts. The field of legal informatics, at least 60 years of age, at last has its own definitive text.' Richard Susskind OBE, President of the Society for Computers and Law, author of Tomorrow's Lawyers'Informatics is not the frontier of law. It has lurched toward the center, shoved forward by the rush to embed algorithmic decision making into everything from cars to phones to facial recognition technology. Whether you are a newcomer in search of a curated overview, or a #legaltech frequent flyer looking for the state of the art, this is the one book you need to make sense of it all.' Eddie Hartman, Co-founder of LegalZoom, Partner at Simon-Kucher & PartnersTable of ContentsPart I. Introduction to Legal Informatics: 1. Motivation and Rationale for this Book Daniel Martin Katz, Ron Dolin and Michael J. Bommarito II; 2. Technology Issues in Legal Philosophy Ron Dolin; 3. The Origins and History of Legal Informatics Michael J. Bommarito II; Part II. Legal Informatics – Building Blocks and Core Concepts: 4. Representation of Legal Information Katie Atkinson; 5. Information Intermediation Ron Dolin; 6. Preprocessing Data Michael J. Bommarito II; 7. XML in Law: The Role of Standards in Legal Informatics Ron Dolin; 8. Document Assembly and Automation Marc Lauritsen; 9. AI + Law: An Overview Daniel Martin Katz; 10. Machine Learning Daniel Martin Katz and John Nay; 11. Natural Language Processing for Legal Texts John Nay; 12. Introduction to Blockchain and Cryptography Nelson M. Rosario; 13. Legal Informatics-Based Technology in Broader Workflows Kenneth Grady; 14. Gamification of Work and Feedback Systems Stephanie Kimbro; 15. Introduction to Design Thinking for Law Margaret Hagan; 16. Measuring Legal Quality Ron Dolin; Part III. Legal Informatics Use Cases: 17. Contract Analytics Noah Waisberg: 18. Contracts as Interfaces: Visual Representation Patterns in Contract Design Helena Haapio and Stefania Passera; 19. Distributed Ledgers, Cryptography, and Smart Contracts Nina Gunther Kilbride; 20. Patent Analytics: Information from Innovation Jevin D. West and Andrew W. Torrance; 21. The Core Concepts of E-Discovery Jonathan Kerry-Tyerman and AJ Shankar; 22. Predictive Coding in E-Discovery and The NexLP Story Engine Irina Matveeva; 23. Examining Public Court Data to Understand and Predict Bankruptcy Case Results Warren Agin; 24. Fastcase, and the Visual Understanding of Judicial Precedents Ed Walters and Jeff Asjes; 25. Mining Information from Statutory Texts in a Public Health Domain Kevin Ashley; 26. Gov2Vec: A Case Study in Text Model Application to Government Data John Nay; 27. Representation and Automation of Legal Information Katie Atkinson; 28. Online Dispute Resolution Dave Orr and Colin Rule; 29. Access to Justice and Technology: Reaching a Greater Future for Legal Aid Ronald W. Staudt and Alexander F. A. Rabanal; 30. Designing Legal Experiences: Online Communication and Resolution in Courts Maximilian A. Bulinski and J.J. Prescott; Part IV. Legal Informatics in the Industrial Context: 31. Adaptive Innovation: The Innovator's Dilemma in Big Law Ron Dolin and Thomas Buley; 32. Legal Data Access Christine Bannan; 33. A History of Knowledge Management at Littler Mendelsohn Scott Rechtshaffen; 34. Google Legal Operations Mary O'Carroll amd Stephanie Kimbro.

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Book SynopsisThis book provides practical and detailed account of all procedural aspects of the Unified Patent Court and Unitary Patent system. The book also explains how the UPC works in the context of the wider European patent system, particularly the EPO and the UK. It considers how parties can use it to enforce or revoke European patents and the Unitary Patent, in particular:- The procedures of the UPC from initiating proceedings to appeal, damages and costs hearings;- Rules on competence, substantive law, jurisdiction, language and judges;- The operation of the system alongside the national courts of the contracting countries, the European Patent Office opposition and appeal procedure, and parallel English Patents Court proceedings. NEW TO THE 2ND EDITION: Additional chapters on the impact of the UPC and Unitary Patent on managing licences, and on confidentiality; coverage of the latest UPC guidance; references and case notes on every significant procedural case from the UPC divisions and the Court of Appeal; and coverage of every Rule of the Rules of Procedure. The book is written by a team of patent experts with many years of experience in patent litigation in France, Germany, the Netherlands, and the UK, as well as hands-on experience of running cases in the UPC from its inception. It provides insights from national and UPC practice on the features above and identifies points of interpretation. A must read for private practitioners and in-house counsel.

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Book SynopsisIn pharmaceutical patent law, the problem of lack of policy direction and inappropriate legal framework is widespread - particularly among jurisdictions with little to no pharmaceutical research or manufacturing. This book aims to inform public policy and influence debate through a comprehensive review of Hong Kong''s pharmaceutical patent law. By demonstrating the need for a holistic review of pharmaceutical patent laws and evaluating Hong Kong''s system in light of health policy, economic and social factors, Bryan Mercurio recommends changes to the legal framework and constructs a more efficient and effective system for Hong Kong. He thoroughly evaluates the international framework and best practice models to offer a global perspective to each issue before providing local context in the analysis. While the focus of the book is Hong Kong, the analysis on pharmaceutical patent law and policy extends to other jurisdictions facing issues on reforming their national system.Trade Review'Bryan Mercurio's book breaks new ground in making the link between international legal obligations and domestic policymaking in the field of pharmaceutical patent law. Demonstrating a solid understanding of the fundamentals and nuances of these complex areas, Mercurio's clearly written book offers expert analysis and recommendations which will garner attention from both scholars and policymakers. With the publication of this book, Professor Mercurio further cements his place as the world's leading international economic law scholar researching on intellectual property rights.' Lorand Bartels, University of Cambridge'Professor Bryan Mercurio once again demonstrates his expertise in both international economic law and intellectual property law in his forthcoming book on pharmaceuticals, patents and policy in Hong Kong. The book is a must-read for any scholar interested in this important topic, and in general. The book is innovative in approach, significantly advances the literature and should be engaged with not only by the academic community but also by policymakers in Hong Kong and elsewhere. Page after page, the book demonstrates how few, if any, scholars possess Professor Mercurio's ability to expertly understand the details of the patent regime and the pharmaceutical industry, and with it offering clear and practical recommendations as a way forward in this important area of the law and policy … I deeply enjoyed [the book] and found it to a superb piece of scholarship and one that is much needed in the legal literature.' Irene Calboli, Singapore Management University'This timely, well-written and carefully analysed book provides a definitive study of the pharmaceutical patent system in Hong Kong. More broadly, it reveals the far-reaching impacts new international trade and intellectual property standards can have on local health systems. The book strikes a rare but appropriate balance between a global perspective and local contextual analyses. It is a must-read for anybody interested in intellectual property, public health and international trade.' Peter K. Yu, Director, Center for Law and Intellectual Property, Texas A&M University'Professor Mercurio has written the definitive book on this important topic. Innovative, well researched and argued, it will have a significant impact on policy not only in Hong Kong but internationally. It is a must read for academics, policymakers and practitioners involved in the area.' Andrew Mitchell, University of Melbourne'Like previous works by Professor Mercurio, this book is engaging and easy to read and is a welcome contribution to the study of pharmaceutical patent law and policy. It is highly recommended to scholars, policymakers and industry practitioners. Undoubtedly, this book deserves to be viewed as a model to understand and assess policy objectives in patent law and should be considered as a template for best practices in addressing pharmaceutical patenting in emerging and developing economies.' Pratyush Nath Upreti, Journal of Intellectual Property Law & Practice'[T]he book makes a substantial contribution to this conundrum by drawing widely from patent law and practice variations in other jurisdictions (including Australia, Canada, Japan, Singapore, South Africa, Taiwan, the United Kingdom and the United States). As such, the book builds a clear picture of policy options available to Hong Kong but also with lessons of wider applicability worldwide. For this, and for its profound depth and breadth of knowledge of international and national patent law and practice, the book is highly recommended.' Duncan Matthews, International Review of Intellectual Property and Competition LawTable of Contents1. Introduction; 2. The contextual framework of Hong Kong's pharmaceutical patent laws and policy; 3. Standards of patentability; 4. Extension of patent terms for pharmaceutical products; 5. Exceptions to exclusive rights; 6. Test data exclusivity; 7. Patent linkage; 8. Conclusion.

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Book Synopsis

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Book Synopsis

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Book Synopsis

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Book Synopsis

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Book Synopsis

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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