Patents law Books

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 SynopsisPatent law encourages technological innovation. But as the patent system stands, are all governed by the same rules even though they innovate very differently. The result is a crisis in the patent system. This title argue that courts should use legal tools already present in the patent statute to suit the needs of various industries.Trade Review"A thoughtful, intelligent argument that would be appreciated by most practitioners.... Highly recommended." (Choice) "A fascinating introduction to a scholarly literature that, at least so far, raises as many questions as it answers." (Science)"

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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 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 SynopsisThis unique book provides a comprehensive account of the patent misuse doctrine and its relationship with antitrust law. In addition to in-depth doctrinal and policy perspectives, it looks at patent misuse through the eyes of today’s leading practitioners, judges, government officials and academics.Trade ReviewThis is a long overdue book on the evolution of the US doctrine of patent misuse and its relationship with antitrust law. --Steven Anderman, Queen Mary Journal of Intellectual PropertyPatent Misuse and Antitrust Law in an excellent analysis of an understudied area of law bound to become increasingly important as watershed controversies and reforms continue to buffet patent law. --Shannon L. Malcolm, Law Library JournalOne of the most detailed and insightful analyses of the important, but maddeningly vague, doctrine of patent misuse and its relationship to antitrust law… Professor Lim tackles this complicated topic in an innovative and effective way. In addition to thoughtful legal, economic, and policy analysis, he uses a comprehensive empirical survey and coding of all patent misuse cases through the end of 2012 and substantial qualitative empirical research through interviews with practitioners and judges about the perceived, and actual, metes and bounds of this slippery doctrine. He thus throws valuable light on the state of the conventional wisdom as well as when and how actual practice and case law departs from that conventional wisdom --Spencer Weber Waller, World Competition Law and Economics ReviewTable of ContentsContents: Foreword by William E. Kovacic Preface Prologue Introduction 1. Misuse and Antitrust 2. A Brief History of Patent Misuse 3. The Anatomy of a Defense 4. Key Objections 5. Rethinking the Future of Patent Misuse 6. The Empirical Landscape of Misuse 7. Charting the Scope of Patent Misuse 8. Conclusion Index

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Book SynopsisConsidering the arguments from the perspectives of innovation, competition law and patent law, this book explores the difficult question of balancing protection with access, highlighting the difficulties in harmonization and coordination.Trade Review'In sum, the book is well written, interesting and very topical. It is written by very knowledgeable lawyers, which is reflected in the high quality of the articles. . . I recommend this book, not only for academics but for practicing lawyers as well. Many of the contributions contain valuable ''take home messages'', which should be taken into account in the discussions.' --Marcus Norrgard, International Review of Intellectual Property and Competition Law'This is an intriguing selection of topical essays addressing fundamental questions of pharmaceutical innovation. It is comprised of a high-profile list of contributors, including academics, judges and practitioners from the U.S., Europe and Japan, who ''explore to what extent patent strategies and life-cycle management practices take advantage of patent laws and health-care regulation and disrupt the necessary balance between incentives for innovation and access to affordable medicines and health care''. . . This is an enjoyable, readable and interesting book containing thorough studies of ''hot'' legal issues in the pharma sector converging in an decisive era for pharmaceutical innovation. It ought to be found in any library that has reserved space for pharma-, IP- or competition law-related literature.' --Jur. Dr. Timo Minssen, European Competition Law Review Table of ContentsContents: Introduction Nari Lee and Josef Drexl PART I: PATENT PROTECTION FOR PHARMACEUTICAL METHODS 1. The Patentability of Genetic Diagnostics in US Law and Policy Rochelle C. Dreyfuss 2. Patentability of Pharmaceutical Innovations: The European Perspective Rainer Moufang 3. Patentability of Medical Methods in Japan Nari Lee PART II: DATA EXCLUSIVITY AND PATENT TERM EXTENSION: CONVERGENCE OR DIVERGENCE 4. Patent Term Restoration and Non-Patent Exclusivity in the US Margo A. Bagley 5. Clinical Data, Data Exclusivity and Private Investment Protection in Europe Christian R. Fackelmann 6. Patent Term Extension in Japan: An Academic and Comparative Perspective Ryoko Iseki 7. Recent UK Case Law on Supplementary Protection Certificates Richard Arnold 8. Patent Term Extension in Japan: Focusing on the Pacif Capsule Decision Toshiaki Imura PART III: BALANCING INCENTIVES AND COMPETITION IN EUROPE 9. Strategic Patenting by the Pharmaceutical Industry: Towards a Concept of Abusive Practices of Protection Hanns Ullrich 10. Anticompetitive Marketing in the Context of Pharmaceutical Switching in Europe Bengt Domeij 11. AstraZeneca and the EU Sector Inquiry: When Do Patent Filings Violate Competition Law? Josef Drexl Index

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Book SynopsisThis empirical study uses a scientifically selected sample of patents to assess patent quality. The careful evaluation of the assumptions in alternative economic theories about the generation and diffusion of new knowledge demonstrates that the height of the inventive step is critical to effective and efficient patent policy.Trade Review‘Just how inventive are inventions? More to the point, just how inventive are the inventions covered by patents? Not very, according to Hazel Moir, and there is no reason to doubt her conclusions. She has spent years in painstakingly analysis of dozens of business method patents in Australia and elsewhere. She finds. . . [t]hey are no more than strategic devices intended to annoy and disrupt commercial competition and confuse the market. . . Hazel Moir is a patent expert beholden to no patent theory and no patent interests. In consequence, her research is fresh and inspired. Her conclusion – that patents describe and protect obvious combinations of old ideas and trivial variations – may not be confined to business methods. It is a conclusion that demands the consideration of policymakers.’ -- Stuart Macdonald, Aalto University, Helsinki, Finland‘This book presents a compelling attack on the patent system. Thoughtfully analyzing the existing empirical literature and providing her own painstaking study of business method patents, Hazel Moir explains how it is that. . . patents have spread geographically and technologically, with increasingly broad rights becoming ever-easier to obtain. Bravely and persuasively, she recommends policymakers tackle one of the most vexing issues in patent law: the quantum of new knowledge that ought to be required to make an invention worthy of protection.’ -- Rochelle Dreyfuss, New York University, School of Law, US‘Hazel Moir’s book deserves to become a classic. Between its covers one will find writing of great clarity and data that reveal the real world costs of the patent system. After reading Moir’s analysis, one wonders what the actual social benefits of the patent system might be. This is evidence-based analysis at its best.’ -- Peter Drahos, Australian National University and Queen Mary, University of London, UK‘This book presents a compelling attack on the patent system. Thoughtfully analyzing the existing empirical literature and providing her own painstaking study of business method patents, Hazel Moir explains how it is that, despite the intuitions of economists, social scientists, lawyers, judges, and even some inventors, patents have spread geographically and technologically, with increasingly broad rights becoming ever-easier to obtain. Bravely and persuasively, she recommends policymakers tackle one of the most vexing issues in patent law: the quantum of new knowledge that ought to be required to make an invention worthy of protection.’ -- Rochelle Dreyfuss, New York University School of Law, USTable of ContentsContents: Preface 1. Introduction 2. The Economics of Patent Policy: Assumptions, Paradoxes and Evidence 3. Who Determines Patent Policy: Judges, Lobbyists or Legislatures? 4. In the National Interest: Defining Patentable Inventions 5. Finding and Avoiding Existing Knowledge 6. Combining Known Elements 7. The Quantum of Inventiveness: Other Approaches and Rules 8. Rebalancing the Patent System Appendix. Original Claims: Selected Patents References Index

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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 SynopsisTrade Review‘The proposal for the SPC system (rather than simple patent term extension) referred to “the simplicity of the system” and called what was proposed “balanced simple transparent.” None of that proved true and, in my opinion at least, was obviously wrong at the time. Dr Roussou traces its complex history with battles between research based and generic pharma brilliantly. She valiantly attempts the impossible task of not just describing but also explaining the tortured reasoning of the CJEU on a flood of cases – which to some, me included, suggests the Court has no proper understanding of patent law (what is a “protected product”) nor regulatory law (very narrow and precise). She tackles the fuzzy interaction with competition law, the policy implications for pharma research, what’s to be done about the UPC and SPCs and where the system should go next. Not everyone will agree with her (I don’t on a number of points), but all will agree she has produced a valuable and provocative book.’ -- Sir Robin Jacob, University College London, UKTable of ContentsContents: 1. Supplementary protection certificates for medicinal products: an introduction 2. The long road to the enactment of the SPC Regulation 3. Legal analysis of the SPC Regulation (i): the meaning of the term “protected by a basic patent” under Art. 3 (a) SPC Regulation 4. Legal analysis of the SPC Regulation (ii): the meaning of the term “product” in the light of Art. 1 (b) and 3 (d) of the SPC Regulation 5. Interaction between the SPC Regulation and the unified patent system 6. The application of competition law in cases of supplementary patent protection 7. The future of SPC regulation Bibliography Index

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Book SynopsisTrade Review‘In this volume he edited as ATRIP’s President, Jens Schovsbo turns the analytical spotlight on a key aspect of intellectual property rights, their exploitation, often via licenses and other contractual arrangements. The book offers useful ideas to improve the balance between IP owners and users, and those in between.’ -- Daniel Gervais, Vanderbilt University, USTable of ContentsContents: The exploitation of intellectual property rights: An overview 1 Jens Schovsbo 1 Regulating online content moderation: Taking stock and moving ahead with procedural justice and due process rights 5 Orit Fischman-Afori 2 Transparency of algorithmic decision-making: Limits posed by IPRs and trade secrets 28 Olga Kokoulina 3 Rebalancing intellectual property rights: A reflection on Australian IPRs, consumer and environmental rights 57 Leanne Wiseman and Kanchana Kariyawasam 4 Use requirements of patent laws during pandemic – ‘litmus test’? 83 Manchikanti Padmavati 5 Access to undisclosed know-how 112 Joy Y. Xiang 6 Sampling the ‘soul of music’ in a post-Pelham world: An interdisciplinary perspective 137 Kalpana Tyagi 7 Copyright reversion: Debates, data, and directions 161 Joshua Yuvaraj 8 Remunerating authors and performers: Are statutory fair compensation provisions sufficient? 187 Irina Eidsvold-Tøien 9 Limiting freedom of contract: Next step for copyright treaties? 216 David Felipe Alvarez-Amezquita and Florelia Vallejo-Trujillo Index

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Book SynopsisTrade Review‘If the COVID pandemic had a silver lining, it’s that it led us to reconsider exclusive rights as the principal mechanism for encouraging innovation. This book is a brilliant contribution to that analysis. In its pages, scholars from around the globe discuss flexibilities in the current IP regime and offer new approaches, both inside and outside that system, to improve access.’ -- Rochelle Dreyfuss, New York University School of Law, USTable of ContentsContents: IPR in times of crisis – lessons learned from the Covid-19 pandemic: An introduction xi Jens Schovsbo 1 The COVID-19 TRIPS waiver and the WTO Ministerial Decision 1 Peter K. Yu 2 Two decades after Doha: Compulsory licence and the Waiver Proposal under the COVID-19 pandemic 26 Cindy Zheng and Angelia Jia Wang 3 Unblocking the human right to access the benefits of science in the Covid-19 era 59 Genevieve Wilkinson and Evana Wright 4 Proactively ensuring access to essential medical solutions: Lessons learned from the COVID-19 pandemic 83 Helen Yu 5 Patent pools: A licensing option for medicines and vaccines in times of a crisis? 104 Agnieszka Sztoldman 6 Adequate remuneration for Crown use of patents: Some guidance from constitutional property law 122 Mikhalien du Bois 7 Copyright and COVID 140 Sean M. Flynn 8 Do we need another copyright or another science? (Re) interpreting the right to science for scholarly publishing 153 Klaus D. Beiter 9 An international instrument on copyright and educational uses: Regulatory models and lessons 182 Faith Majekolagbe and Giulia Priora 10 Revitalising the UK music industries in the aftermath of Covid-19: A feminist critique of music copyright 204 Metka Potočnik

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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 SynopsisA practical resource for valuing patents that is accessible to the complete spectrum of decision makers in the patent process In today''s economy, patents tend to be the most important of the intellectual property (IP) assets. It is often the ability to create, manage, defend, and extract value from patents that can distinguish competitive success and significant wealth creation from competitive failure and economic waste. Patent Valuation enhances the utility and value of patents by providing IP managers, IP creators, attorneys, and government officials with a useable resource that allows them to use actual or implied valuations when making patent-related decisions. Involves a combination of techniques for describing patent valuation Includes descriptions of various topics, illustrative cases, step-by-step valuation techniques, user-friendly procedures and checklists, and examples Serves as a useable resource that allows IP managers to Table of ContentsPreface ix Acknowledgments xiii Part One Foundations for Patent Valuation and Decision Making 1 Chapter 1 Valuation Basics 3 What Is Value? 5 The Valuation Process 7 Identifying the Subject Matter of the Valuation 9 Valuation Misconceptions 12 The Three Basic Valuation Methodologies 16 Limitations on Rationality in Valuation and Decision-Making Exercises 20 References 20 Notes 21 Chapter 2 Patent Basics 23 What Is a Patent? 26 Anatomy of a Patent 32 Criteria for a Patent 33 Transferring Patent Rights 36 Nationality of a Patent 39 References 40 Notes 40 Chapter 3 Using Valuation Analysis to Improve Patent Decision Making 43 Patent Decisions 45 Maximizing, Optimizing, and Satisficing: How Much to Invest in Valuation Analysis 52 Preliminary Portfolio Valuation Audit: A Practical Valuation Technique 58 References 65 Notes 65 Chapter 4 Disassembly 67 Disassembly and Decision Trees 69 Using Disassembly to Develop Higher-Quality Data 75 Using Disassembly to Understand Data Better 84 References 86 Notes 87 Part Two Patent Valuation Techniques 89 Chapter 5 Preparing for the Valuation 91 Understanding the Bundle of Legal Rights 91 Ownership Interest in the Patent 93 Description of the Patent Rights 99 Encumbrances on the Patent Rights 100 Understanding the Patent Rights’ Neighborhood 102 Exploiting the Patent Rights 103 References 117 Notes 119 Chapter 6 Income Methods: Discounted Future Economic Benefits Analysis 121 Basic Arithmetic of the Discounted Future Economic Benefits Analysis 124 Garbage In, Garbage Out: The Challenges Lay in the Inputs, Not the Math 131 Projecting Future Net Economic Benefits 133 Developing Projections from Analytical Analyses 143 Estimating the Discount Rate 151 References 159 Notes 160 Chapter 7 Advanced Income Methods: Incorporating the Value of Future Decision Opportunities 161 Option Contracts and Their Value 164 Real Options 168 Valuing Patents Using Option-Pricing Insights 170 Using Decision Trees to Incorporate the Value of a Patent’s Future Decision Opportunities 174 References 185 Notes 186 Chapter 8 Market Methods 189 Markets and Patent Rights 191 Competitive Exchange 198 Comparable Transactions 205 Alternatives to the Core Market Methods 207 References 214 Notes 216 Chapter 9 Cost Methods 219 A Few Accounting Principles 220 Cost of Development: Questionable Valuation Tool 224 Cost of Reasonable Alternatives: Establishing a Maximum Price 227 References 230 Notes 231 Part 3 Patent Valuation in Practice 233 Chapter 10 Pricing Patent Licenses 235 Payment Structures 236 Determining the Price for a License 246 Less Formal Valuation Techniques for Setting Royalty Rates 248 References 264 Notes 265 Chapter 11 Patent Infringement Damages 269 U.S. Legal Framework for Calculating Damages in Patent Infringement Cases 271 Lost Profits 275 Reasonable Royalty 285 Additional Patent Damages Matters 297 Answering the Sue or Settle Question 299 References 306 Notes 307 Chapter 12 Unlocking the Potential Value within Patents 313 Keeping Pace with Economic Changes 316 Patents as Collateral for Secured Loans 317 Securitizing Patents 325 References 333 Notes 334 Chapter 13 Valuation in Patent-Based Tax-Planning Strategies 337 Examples of Patent-Based Tax-Reduction Strategies 339 Transfer Pricing 344 Determining Transfer Prices for Patent Rights 348 References 358 Notes 359 About the Authors 363 Index 365

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Book SynopsisBridges the gap between the realistic needs and questions of scientists and engineers and the legal skills of professionals in the patent field at a level accessible to those with no legal training Written for inventors in lay terms that they can relate to or easily follow Lays out the new features of patent law introduced by the America Invents Act of 2012 Explains the differences between the first-to-invent and first-to-file rules and why the two rules will coexist Focuses on the growth of new technologies in industry versus the laws protecting themTrade Review“Overall it represents a distillation of a very wide experience gained from many years of hands-on practice. This is a must-have buy for research establishments that do not have an in-house patent department.” (Chromatographia, 20 March 2015)Table of ContentsList of Figures ix List of Tables xi Preface xiii Introduction xvii About the Author xix 1. The First-to-File Rule: Evolution and Application 1 1.1 History of the First-to-File Rule in the United States 2 1.2 “Who’s on First?”: The Rule and Its Application 5 1.3 Adapting Business Routines to the First-to-File Rule 7 2. Prior Art before and after the AIA: Two Standards Compared 9 2.1 Prior Art and the First-to-File Rule 9 2.2 “But is It Art?”: The Art of Prior Art 10 2.3 And is It “Prior”?: Pre-AIA Law vs. the AIA 11 2.3.1 U.S. Patents and Published U.S. Patent Applications 11 2.3.2 Patents and Patent Applications Other than those of the United States 14 2.3.3 Other Published Literature 16 2.3.4 Commercial Activities 17 2.3.5 Otherwise Available to the Public 21 2.4 A Servant of Two Masters?: The “Effective Filing Date” and Its Role in Determining the Governing Rule 21 2.5 Conclusion 23 3. Creating One’s Own Prior Art: Self-Imposed Barriers to Patentability 25 3.1 The On-Sale Bar 26 3.1.1 Ready for Patenting? 26 3.1.2 Exceptions for Experimental Use 33 3.2 The Publication Bar: Publish and Perish? 35 3.2.1 Posting on an Internet Server 36 3.2.2 Slide Presentations and Posters at a Conference 37 3.2.3 Submission of a Thesis to a University Library 38 3.2.4 Grant Proposals 39 3.3 Observations 41 4. Canceling Prior Art and Other Benefits of Record Keeping 42 4.1 Derivation Proceedings 42 4.2 Disqualifying Reference Materials as Prior Art 45 4.3 Records Showing Collaboration 46 4.4 Records of Public Disclosures and Commercial Uses 48 4.5 Laboratory Notebooks 50 5. Inventing in an Employment Environment: The AIA’s New Recognition of Employer Interests and Project Management 52 5.1 Project Management and the New Definition of Prior Art 53 5.2 Allowing the Employer to Stand in for the Inventor 54 5.3 What Constitutes an Obligation to Assign? 56 5.4 Implying an Obligation to Assign When There is No Express Agreement 60 5.5 Having a “Sufficient Proprietary Interest” Other than by Assignment or Obligation to Assign 63 5.6 When No Assignment, Obligation to Assign, or Proprietary Interest: The “Shop Right” 63 6. The Novelty Threshold: Can You Recognize It When You See It? 67 6.1 Anticipation and the “All Elements in a Single Reference” Rule 68 6.1.1 “Incorporation by Reference” of the Missing Element from Another Source 70 6.1.2 Inherent Disclosure of the Missing Element 72 6.2 Novelty in the Arrangement of Parts 73 6.3 Another Argument Against Anticipation: The “Nonenabling Reference” 77 6.4 Caution: A Reference Can Anticipate an Invention Even if It “Teaches Away” from the Invention 79 6.5 Novelty versus Anticipation among Genus, Subgenus, and Species 84 6.5.1 Species Anticipating a Genus 84 6.5.2 Specific Value Anticipating a Range 85 6.5.3 “Shotgun” Disclosures in the Prior Art 85 6.5.4 Species or Subgenus Novel over a Larger, Encompassing Genus 86 6.5.5 Narrow Range Novel over a Broad Range Encompassing the Narrow Range 86 6.6 Are We Done? 87 7. Confronting the Prior Art: What Makes an Invention Nonobvious? 88 7.1 “But Every Invention is a Combination of Old Elements!” 90 7.1.1 Synergism and Changes in Function 90 7.1.2 “But Why Would a Munitions Manufacturer Go to a Horse Trainer (for the Missing Element)?” 92 7.1.3 “But Nobody Knew What the Problem Was (Before I Came Along)!” 94 7.1.4 “But They Said It Couldn’t Be Done!” 95 7.2 Pursuing the Unpredictable 99 7.2.1 Predictable Now but Unpredictable Then? 101 7.2.2 Finding a Needle in a Haystack 103 7.2.3 Unpredictability versus Optimization 105 7.3 In Hindsight (and Other Obvious or Nonobvious Thoughts) 107 8. The View from the Infringer’s Side: Challenging a Patent’s Validity 108 8.1 Do You Really Want to Go to Court? 109 8.2 Selecting Claims 111 8.3 Options for Challenge before the Patent is Granted 115 8.4 Options for Challenge after the Patent is Granted 118 8.4.1 Citation of Prior Art and Written Statements 118 8.4.2 Post-Grant Review and Inter Partes Review 119 9. Patent Eligibility: Pushing the Envelope on Subject Matter Appropriate for Patenting 122 9.1 Medical Diagnostic Methods 123 9.2 Computer-Implemented Processes 127 9.3 Business Methods 130 9.4 The AIA’s New Procedure for Challenging Business Method Patents 133 9.5 Conclusion: A Rule for Patent Eligibility? or a Case of “I’ll Know It When I See It”? 135 10. Selected Topics in Patent Strategy 139 10.1 Provisional Patent Applications 139 10.2 Strategies in Claim Construction 145 11. Patents and Beyond: The Variety and Scope of Intellectual Property 157 11.1 Trade Secrets 157 11.1.1 Scope 159 11.1.2 The Right of an Individual to Use Fundamental Skills 159 11.1.3 Comparing Trade Secrets to Patents 160 11.2 Trademarks 163 11.2.1 Choosing a Trademark 163 11.2.2 Securement, Maintenance, and Infringement of Trademark Rights 164 11.3 Copyrights 164 11.4 Design Patents 166 11.5 IP Coverage for Plants 167 11.6 Conclusion 167 Appendix A Selected Fees Charged by U.S. Patent and Trademark Office and Other U.S. Agencies for Intellectual Property as of January 1, 2014 170 Appendix B Patent Searchers 175 Acronym Glossary 178 Glossary 179 Bibliography, Websites, and Blogs 185 Patents and Published Patent Applications Cited 188 Cases Cited 191 Index 194

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Book Synopsis

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Book Synopsis

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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 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 is a comprehensive and practical guide to European patent law – a 'ius commune'. The book highlights the areas of consistency and difference between the most influential European patent law jurisdictions: the European Patent Office, England and Wales, France, Germany, and the Netherlands. The book also draws insights from further afield, with contributions from other, very active, patent jurisdictions, including Italy, Sweden, Denmark, and Switzerland. Uniquely, the book addresses European patent law by subject matter area, assessing the key national and EPO approaches together rather than nation by nation. Each chapter outlines the common ground between the national approaches and provides a guide for the possible application of European patent law in national courts and the UPC in the future. In addition to featuring content on new countries, the second edition includes new chapters dedicated to the substantive aspects of FRAND, declarations, and evidence. There is also an expanded commentary on construction, including common terms used in patent claims. A must-read for anyone working in the field of European patent law.Table of ContentsIntroduction I. Towards a ius commune of Patent Law II. The Purpose of this Book 1. The Skilled Person and their Common General Knowledge I. The Skilled Person or Team II. Common General Knowledge III. Key Issues for the UPC 2. Scope of Protection of Patent Claims I. Statutory Basis II. Principles of Construction III. General Principles of National Law on the Doctrine of Equivalents IV. The Role of the 'Formstein Defence' V. The Role of the Prosecution File VI. Particular Terms and Forms of Claim VII. Numerical Ranges VIII. Case Comparison - The Pemetrexed Decisions IX. Key Issues for the UPC 3. Direct Infringement I. Statutory Basis II. Liability III. Territoriality IV. Product Claims (Article 25(a) CPC 1989) V. Process Claims (Article 25(b) CPC 1989) VI. Products Made by an Infringing Process (Article 25(c) CPC 1989) VII. Processes for Obtaining New Products VIII. Second Medical Use Claim Infringement IX. Infringement of DNA Sequences XI. Key Issues for the UPC 4. Indirect Infringement I. Statutory Basis II. Means Relating to an Essential Element of the Invention III. Means Suitable for Putting the Invention into Effect IV. Knowledge V. Staple Commercial Products VI. Double-territoriality VII. Indirect Infringement of Swiss Form Claims VIII. Other forms of Contributory Infringement XI. Key Issues for the UPC 5. General Defences I. The Diverse Sources of Defence to Infringement II. The Experimental Use Exemption III. The Bolar Exemption IV. Other Statutory Defences V. Exhaustion VI. De minimis VII. Public Interest Compulsion and Crown Use VIII. Invalidity and Non-Infringement of Claims Asserted IX. Issue Estoppel X. FRAND License Objection XI. Prior Use (Article 37 CPC 1989) XII. Innocent Infringement as a Defence to Damages XIII. Key Issues for the UPC 6. Declarations I. General Jurisdictional Basis II. Declarations of Non-Infringement III. Declarations that a Patent is Standard Essential IV. Declarations Concerning Validity V. Key Issues for the UPC 7. FRAND I. Standards, SEPs and FRAND II. Guidance at the European Level III. General Principles of National Law IV. Determining the FRAND Rate V. Anti-Suit Injunctions (ASIs) and Anti-Anti-Suit Injunctions (AASIs) VI. Key Issues for the UPC 8. Remedies I. Statutory Basis II. Preliminary Injunctions III. Damages for Unjustified Injunctions IV. Protective Letters V. Quia Timet Injunction VI. Final Injunctions VII. Springboard Relief VIII. Award of Damages IX. Account of Profits X. Recall, Removing from the Channels of Commerce and Destruction XI. Publication of Judgment XII. Effect of Tested Validity XIII. Substantive Treatment of Costs XIV. Key Issues for the UPC 9. Patentability and Industrial Application I. Statutory Basis II. Industrial Application III. Excluded Subject-matter IV. Exceptions to Patentability V. Methods of Treatment and Diagnostics – Article 53(c) EPC VI. Key Issues for the UPC 10. Novelty I. Statutory Basis II. General Principles of EPO and National Case LAW III. Treatment of Disclosure and Enablement IV. Interpreting Patent Claims and the Prior Act for Novelty Purposes V. Made Available to the Public VI. Novelty over General Disclosures in the Art VII. Priority VIII. Product by Process Claims IX. Second and Subsequent Medical Uses X. Other Forms of Purpose-limited Claims XI. Claim Amendment XII. Key Issues for the UPC 11. Inventive Step I. Statutory Basis II. Date III. Determination of Fact or Law? IV. Technical or Commercial Question? V. The Role of Common General Knowledge VI. Structured Approaches to Inventive Step VII. Motivation Based Approaches VIII. Criticism of Problem-and-Solution IX. Criticism of Motivation-based Tests X. An Alternative Basis for Assessing Inventive Step XI. Mixed Technical and Non-technical Features XII. Combinations of Prior Art Features XIII. Other Factors XIV. Case Comparison (Tadalafil) XV. Key Issues for the UPC 12. Sufficiency I. Statutory Basis II. General Approaches of EPO and National Law III. Principle of General Application IV. Technical Contribution and Invention Treated Separately V. Forms of Claim VI. Inventive Improvements/Infringements VII. Promised Quality not Enabled and Errors VIII. Deposits of Biological Material IX. Plausibility in the Context of Insufficiency X. Lack of Clarity XI. Key Issues for the UPC 13. Plausibility I. Is There a Statutory Basis? II. Origins of Plausibility in the EPO III. Inventive Step IV. Insufficiency V. Industrial Applicability VI. The Novelty Context VII. Post-dated Evidence and ab-initio Plausibility VIII. The Plausibility Threshold IX. Further Questions X. Key Issues for the UPC 14. Supplementary Protection Certificates I. Statutory Basis II. Certificates for Plant Protection Products III. Conditions for Grant IV. Protected by a Basic Patent in Force V. Marketing Authorisations in the SPC Context VI. Extent of Protection (Article 4 SPC Regulation) VII. Same Rights as Conferred by the Patent (Article 5 SPC Regulation) VIII. Term IX. Medicinal Products for Paediatric Use X. The SPC Manufacturing for ex-EU XI. Key Issues for the UPC and the Need for Reform 15. Patent Ownership, Dealings and Employee Inventors I. Introduction II. Ownership III. Approaches to Inventor Compensation IV. Right of Co-owners V. Patent Dealings VI. Effect of Transfer of Ownership on Licensee VII. Compulsory Licenses VIII. Public Interest Compulsion IX. Unitary Patents as ‘Objects of Property’ 16. Cross-border Actions in Europe I. Relation between National and EPO Proceedings II. The Brussels Regulation III. Cross-border Validity Actions IV. Cross-border Infringement Actions V. Cross-border Declarations of Non-infringement VI. Key Issues for the UPC 17. Evidence I. General Principles II. Burden of Proof III. General Obligations to Produce Evidence IV. Specific Means for Obtaining Evidence V. Role of Witness of Fact Evidence VI. Opinion Evidence VII. Experiments VIII. Letters Rogatory (Letters of Request) and US 1782 IX. Border Seizures X. Confidentiality XI. Privilege XII. Key Issues for the UPC

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Book SynopsisThis commentary offers the definitive guide to supplementary protection certificates (SPC); a key element in the regulation of the pharmaceutical and medical market within Europe. Beyond providing an overview of the European legislation and the CJEU case-law on SPCs, it also depicts and summarises national law and jurisprudence on leading pharmaceutical markets such as Germany, France and the United Kingdom as well as The Netherlands, Italy and Switzerland. Patent lawyers, those practising in the medical and pharmaceutical field as well as judges and academics will find this an invaluable resource.

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Book SynopsisIn this book, three experienced legal practitioners in patent matters provide a reliable and detailed guideline on how to enforce patents in three of the most important jurisdictions for patent infringement litigation, namely Germany, Japan and the United States. The book is structured by the relevant subject matters of patent litigation such as scope of patent protection, claims of the patent holder and objections of the alleged infringer, fact finding, pre-procedural measures, trial, principles of procedure and comparative aspects.

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Book SynopsisPaul England is Senior Counsel Knowledge at Taylor Wessing, UK.

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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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Book Synopsis

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Book Synopsis

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Book Synopsis

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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 SynopsisJo Bac’s groundbreaking legal study asks why and how the United States legal system should grant legal personhood to artificial intelligence (AI). This new legal status of AI is visualized as a dependent person, and the AI dependent legal person would be determined by an inextricable connection between AI and a new type of corporate body, introduced here as “AI-Human Amalgamation” (AI-HA).Artificial Intelligence has been defined as one or more computer programs with an ability to create work that is unforeseen by humans. This includes AI capacity to generate unforeseen innovations, patentable inventions, and/or infringe the rights of other patent holders. At present, AI is an entity unrecognized by law. The fact that AI is neither a natural nor a legal person indicates that it cannot be considered the owner of rights or bearer of liabilities. This in turn creates tension both in society and legal systems because questions such as who should hold the rights of AI or be liable for autonomous acts of AI remain unanswered.This book dynamically argues that the AI dependent legal person and AI-HA are necessary to address these new challenges. The creativity and actions of AI and AI-HA would be distinct from those performed by human beings involved in the creation of this amalgamation, such as AI’s operators or programmers. As such, this structure would constitute an amalgamation based on human beings and AI cooperation (AI-HA). As a dependent legal person, AI would hold the patent rights to its own inventions, thus ensuring favorable conditions for the incentives of the U.S. patent system. In addition, the proposed legal framework with the use of legislative instruments could address any liability concerns arising from foreseen and unforeseen actions, omissions, and AI’s failure to act.

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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 SynopsisIn a rapidly changing world, the underlying philosophies, the rationale and the appropriateness of patent law have come under question. In this insightful collection, the authors undertake a careful examination of existing patent systems and their prospects for the future. Scholars and practitioners from Japan, the US, Europe, India, Brazil and China give detailed analyses of current and likely future problems with their respective systems, and outline possible responses to them.With detailed and extensive contributions, this book will greatly appeal to students, practitioners, policymakers and academics who are interested in the problems of current patent system in the world and their future.Contents: T.G. Agitha, G. Carmichael, S. Elahi, Y. Futoshi, N.S. Gopalakrishanan, K. Karachalios, J.P. Kesan, M.A. Lemley, C. McGinley, K. Motohashi, N. Nakayama, C. Neppel, Y. Omori, Z. Ping, B. Rutz, R. Shimanami, V. Yumy Mitsuuchi-KunisawaTrade Review‘. . . this book, with its copious footnoting and detailed index, provides an excellent research tool for anyone professionally involved in the implementation and designing of patents and specifically of patent systems.’ -- Phillip Taylor MBE and Elizabeth Taylor, The Barrister MagazineTable of ContentsContents: Foreword Nobuhiro Nakayama Preface: Patent System at the Crossroads Yoichi Omori Introduction Ryo Shimanami PART I: ESSENCE AND FUNCTIONS OF THE PATENT SYSTEM 1. Current Situation and Vision of the Patent System: From the Perspective of Jurisprudence Ryo Shimanami 2. Current Situation and Vision of the Patent System: From the Perspective of Economics Kazuyuki Motohashi 3. Ignoring Patents Mark A. Lemley PART II: TRILATERAL AREA AND THE FUTURE OF THEIR PATENT SYSTEMS 4. The Future of IP in Europe Clara Neppel, Berthold Rutz, Guy Carmichael, Konstantinos Karachalios, Shirin Elahi and Ciaran McGinley 5. Taking Stock and Looking Ahead: The Future of U.S. Patent Law Jay P. Kesan 6. Issues and Possible Solutions in Japan: Patent Filing Activities of Japanese Companies, Resulting Backlog Problem, and Possible Solutions Futoshi Yasuda PART III: DEVELOPING COUNTRIES AND THE FUTURE OF THEIR PATENT SYSTEMS 7. The Indian Patent System: The Road Ahead N.S. Gopalakrishanan and T.G. Agitha 8. The Brazilian Patent System: Challenges for the Future Viviane Yumy Mitsuuchi Kunisawa 9. Review and Perspective of the Chinese Patent System Zhang Ping Index

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Book SynopsisDaniel Cahoy and Lynda Oswald have brought together some of the country's most prominent patent scholars outside the legal discipline. From the Leahy-Smith America Invents Act to recent court cases from the Supreme Court and the Federal Circuit, this timely, informative and well-edited volume examines the latest changes in US patent law and their impact on business strategy. The book is a must-read for anybody who wants to learn more deeply about the ever-increasing role of patents in the business environment.'>- Peter K. Yu, Drake University Law School, USWithin the complex global economy, patents function as indispensable tools for fostering and protecting innovation. This fascinating volume offers a comprehensive perspective on the US patent system, detailing its many uses and outlining several critical legislative, administrative and judicial reforms that impact business strategy.The expert contributors to this book provide an overview of how the US patent system functions today and describe how recent changes affect firms and individual inventors. Topics discussed include the drivers of intellectual property policy; recent revisions to the patent application process in terms of the new first-to-file regime, inequitable conduct, and allowable subject matter; and changes to patent enforcement and infringement related to the Federal Circuit's special role and post-grant review. Contributors address recent legislation such as the 2011 America Invents Act, which enacted some of the most significant patent reforms in decades.This examination of the US patent system highlights some of the most important issues for business. It will serve as an important tool for both policymakers and business leaders, and will also interest students and professors of business and management studies, innovation studies and business law.Contributors: C. Aceves, T.L. Anenson, D.L. Baumer, R.C. Bird, D.R. Cahoy, W.M. Chumney, J. Gehman, D.M. Gitter, Z. Lei, G. Mark, S.J. Marsnik, D. Orozco, L.J. Oswald, R.B. Sawyers, R.E. ThomasTrade Review‘Daniel Cahoy and Lynda Oswald have brought together some of the country’s most prominent patent scholars outside the legal discipline. From the Leahy–Smith America Invents Act to recent court cases from the Supreme Court and the Federal Circuit, this timely, informative and well-edited volume examines the latest changes in US patent law and their impact on business strategy. The book is a must-read for anybody who wants to learn more deeply about the ever-increasing role of patents in the business environment.’ -- Peter K. Yu, Drake University, Law School, USTable of ContentsContents: Introduction PART I: INFLUENCES ON PATENT POLICY 1. Coalition Formation and Battles to Effect Intellectual Property Policy Change in the Age of ACTA, AIA and the SHIELD Act Robert E. Thomas and Cassandra Aceves 2. Administrative Patent Levers in the Software, Biotechnology and Clean Technology Industries David Orozco PART II: REVISIONS TO PATENT APPLICATION PROCESS 3. The America Invents Act, Patent Priority, and Supplemental Examination Robert C. Bird 4. Inequitable Conduct after Therasense and the America Invents Act T. Leigh Anenson and Gideon Mark 5. The Patenting of a Profession—Accounting in the Crosshairs Wade M. Chumney, David L. Baumer and Roby B. Sawyers PART III: CHANGES TO THE SCOPE OF ENFORCEMENT AND INFRINGEMENT 6. Unexpected Hazards of a Specialized Patent Court: Lessons from Joint Infringement Doctrine Lynda J. Oswald 7. The Transformation of Patents into Information Containment Tools Daniel R. Cahoy, Joel Gehman and Zhen Lei 8. Will the America Invents Act Post-grant Review Improve the Quality of Patents? A Comparison with the European Patent Office Opposition Susan J. Marsnik PART IV: EMERGENCE OF EXCLUSION SYSTEMS BEYOND PATENTS 9. Biopharmaceuticals under the Patient Protection and Affordable Care Act: Determining the Appropriate Market and Data Exclusivity Periods Donna M. Gitter Index

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Book SynopsisPatent Law in Greater China provides some of the most comprehensive, up-to-date and contextualized analyses of Chinese patent law. Featuring expert contributors with diverse backgrounds and deep inside knowledge, this edited volume strikes a good balance between scholarly analysis and practical tips. The book should be on the desk of everybody who handles patent-related matters in Greater China.'- Peter K. Yu, Drake University Law School, US'Chinese intellectual property law has been one of the fields in which it has been most difficult to obtain an accurate, reliable and intelligible perspective. The achievement in putting together Patent Law in Greater China is therefore all the more laudable. Chapters from practitioners, administrators, academics and the business world give this work a degree of relevance and immediacy and show how the complex and initially puzzling interplay of law and practice in China and the economies within her orbit can be depicted and understood.'- Jeremy Phillips, Queen Mary Intellectual Property Research Institute, UK'Drs Luginbühl and Ganea have put together an impressive and thorough survey of patent law in the PRC, Hong Kong, Macau and Taiwan. The book covers policy making aspects, patentability requirements (with specific chapters on biotechnological, chemical, pharmaceutical and software-related inventions ), rights and exceptions, employee inventions, rights in designs and utility models, but also patent prosecution (domestic and PCT), infringement, and the interface with competition law. This timely book will be useful for both practitioners and scholars.'- Daniel Gervais, Vanderbilt University Law School and Editor in Chief, Journal of World Intellectual PropertyThis book provides a comprehensive introduction to patent policy, law and practice in Greater China and will be a go-to book for patent practitioners who have client interests in that region.Features:- Introduction to Chinese patent policy.- Detailed coverage of technology transfer and substantive patent law in China, including prerequisites for protection, exceptions and limitations.- Practical analysis of patent law relating to 3 specific fields of invention: employee inventions, biotechnological and pharmaceutical inventions, and software inventions.- Overview of the patent application and examination procedure, with a particular view on PCT applications.- Insight into specific characteristics of enforcement mechanisms and jurisprudence in China, including the dual enforcement system, claim interpretation, infringement types, and invalidity procedures.- Invaluable section on the relationship between patent and antitrust law, including practical realities in the sphere of anticompetitive licensing.- Overviews of the patent systems of Chinese Taipei, Hong Kong SAR and Macau SAR- Edited by two leading patent experts, and written by a team of experienced practitioners from China and from Europe, offering insight rarely brought together in a single place.This book will be an indispensable reference work for lawyers, patent attorneys and other practitioners interested in learning whether and how to protect patents in China.Contributors: C. Bailey, Y. Bu, J. Cao, W. Chen, D. Clark, G. Cui, C. Czychowski, M. Deng, P. Ganea, H. Goddar, N. Heide, S.-H. Lee, J. Li, Y. Li, K.-C. Liu, S. Luginbuehl, Q. Ma, T. Mak, J.B. Nordemann, T. Pattloch, O. Pfaffenzeller, B. Roth, C.D. Simões, L. Wang, B. WeibelTrade Review‘Patent Law in Greater China provides some of the most comprehensive, up-to-date and contextualized analyses of Chinese patent law. Featuring expert contributors with diverse backgrounds and deep inside knowledge, this edited volume strikes a good balance between scholarly analysis and practical tips. The book should be on the desk of everybody who handles patent-related matters in Greater China.’ -- Peter K. Yu, Drake University Law School, US‘Chinese intellectual property law has been one of the fields in which it has been most difficult to obtain an accurate, reliable and intelligible perspective. The achievement in putting together Patent Law in Greater China is therefore all the more laudable. Chapters from practitioners, administrators, academics and the business world give this work a degree of relevance and immediacy and show how the complex and initially puzzling interplay of law and practice in China and the economies within her orbit can be depicted and understood.’ -- The IPKAT‘Chinese intellectual property law has been one of the fields in which it has been most difficult to obtain an accurate, reliable and intelligible perspective. The achievement in putting together Patent Law in Greater China is therefore all the more laudable. Chapters from practitioners, administrators, academics and the business world give this work a degree of relevance and immediacy and show how the complex and initially puzzling interplay of law and practice in China and the economies within her orbit can be depicted and understood.’ -- Jeremy Phillips, Queen Mary Intellectual Property Research Institute, UKDrs Luginbühl and Ganea have put together an impressive and thorough survey of patent law in the PRC, Hong Kong, Macau and Taiwan. The book covers policy making aspects, patentability requirements (with specific chapters on biotechnological, chemical, pharmaceutical and software-related inventions ), rights and exceptions, employee inventions, rights in designs and utility models, but also patent prosecution (domestic and PCT), infringement, and the interface with competition law. This timely book will be useful for both practitioners and scholars.’ -- Daniel Gervais, Vanderbilt University Law School and Editor in Chief, Journal of World Intellectual Property‘One cannot help remarking that intellectual property specialists will find this book a revelation. The wide-ranging perspective it provides on Chinese patent law is remarkable and certainly no patent practitioner should be without it.’ -- Phillip Taylor MBE and Elizabeth Taylor, The Barrister MagazineTable of ContentsPART I: Patent Protection In The People’s Republic Of China: General 1. China’s Patent Policy Stefan Luginbuehl 2. Technology Transfer in China Beat Weibel PART II: Substantive Patent Law 3. Prerequisites for Protection Bu Yuanshi 4. Biotechnological, Chemical and Pharmaceutical Inventions I: General Chen Wenping 5. Biotechnological, Chemical and Pharmaceutical Inventions Ii: Support and Experimental Data Toby Mak 6. Software-related Inventions Li Yonghong 7. Employee Inventions Ma Qian and Berrit Roth 8. Exceptions and Limitations Chris Bailey and Lucy Wang PART III. Patent Application And Examination Procedure 9. Patent Examination: A General Outline Deng Ming 10. PCT Applications Toby Mak 11. Confidentiality Examination Stefan Luginbuehl PART IV. Enforcement 12. Dual Enforcement System Cao Jingjing 13. Patent Infringement Procedures and Remedies Oliver Pfaffenzeller 14. The Interplay Between Infringement and Invalidity Proceedings Nils Heide 15. Chinese Characteristics of Claim Interpretation by Courts Li Jian 16. Predominantly Process-Patent Related Aspects of Infringement Peter Ganea PART V. Market Power – Related Aspects 17. Chinese Anti-Monopoly Law Thomas Pattloch 18. Standard-Essential Patents and Injunctive Relief Cui Guobin, with comments from A European Perspective By Heinz Goddar, Jan Bernd Nordemann and Christian Czychowski VI. Utility Model And Design Protection 19. Utility Models Toby Mak 20. Designs Deng Ming VII. INTRODUCTION TO THE Patent Protection In Chinese Taipei (Taiwan) 21. Introduction to the Patent System in Chinese Taipei (Taiwan) Liu Kung-Chung and Lee Su-Hua VIII. Patent Protection In Hong Kong Sar 22. Introduction to the Patent System in Hong Kong Sar Douglas Clark IX. Patent Protection In Macau Sar 23. Introduction to the Patent System in Macau Sar Carlos D. Simões Index

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Book SynopsisThe patent has emerged as a dominant force in 21st century economic policy. This book examines the impact of the BRICS and other emerging economies on the global patent framework and charts the phenomenal rise in the number of patents in some of these countries.Guided by three of the world's leading thinkers on patent law and development, a group of experts from around the world, including the BRICS and key developed country patent powers, examine critical issues raised by patent globalization. Is increasing use of the patent system in China, India, Brazil and other emerging markets part of a deeper change in world technological leadership? Do the established patent powers of Europe, Japan and the USA continue to lead regulatory development of patent systems or are new models being formed in emerging markets? What are the effects of patent globalization on regions like the Middle East, Africa and lower income areas of Asia? Through the answers to these questions, the reader is furnished with a rounded understanding of 21st century patent globalization and emerging market dynamics.This book will appeal to patent law specialists, as well as scholars interested in the intersection between patents, innovation and economic development. In particular, the in-depth analysis would also be useful for policy analysts within government or research institutes working on patent policy issues.Contributors include: F.M. Abbott, D. Borges Barbosa, C.M. Correa, P. Drahos, M. El Said, C. Fink, P. Gehl Sampath, K. Karachalios, R. Kher, J. Kuanpoth, A. Kudlinski, T. Payosova, P. Roffe, S.K. Sell, Y. Tamura, G. Van Overwalle, Y.A. Vawda, H. Zhang, W. ZhuangTable of ContentsContents: PART I Introduction 1. Emerging Markets and the World Patent Order: The Forces of Change Frederick M. Abbott, Carlos M. Correa and Peter Drahos PART II Context 2. Intellectual Property Activity Worldwide – Key Trends, Facts, and Figures Carsten Fink 3. The Geo-politics of the World Patent Order Susan K. Sell 4. Rethinking the Patent System from the Perspective of Economics Haiyang Zhang 5. Rethinking the Role of the Patent Office from the Perspective of Responsive Regulation Peter Drahos 6. The Technology Transfer Debates and the Role of Emerging Economies Padmashree Gehl Sampath and Pedro Roffe 7. Development Strategies of Emerging Economies in the Era of Climate Change: Do Patent Statistics Tell us Anything? Konstantinos Karachalios PART III The BRICS Brazil 8. Patents and the Emerging Markets of Latin America – Brazil Denis Borges Barbosa China 9. Evolution of the Patent System in China Wei Zhuang India 10. India in the World Patent Order Rajeev Kher Russia 11. Russian Trip to the TRIPS: Patent Protection, Innovation Promotion and Public Health Tetyana Payosova South Africa 12. Harmonizing the National Policies for Healthcare, Pharmaceutical Industry and Intellectual Property: The South African Experience Andre Kudlinski 13. Patent Law in Emerging Economies: South Africa Yousuf A. Vawda PART IV ASEAN 14. Patents and the Emerging Markets of Asia: ASEAN and Thailand Jakkrit Kuanpoth PART V The Middle East 15. IP Policy and Regulation in the Arab World: Changes, Challenges and Opportunities Mohammed El Said PART VI The OECD Response Europe 16. The Impact of Emerging Market Patent Systems on Europe: Awaiting “The Rape of Europa”? Geetrui Van Overwalle Japan 17. IP-Based Nation: Strategy of Japan Yoshiyuki Tamura USA 18. The United States Response to Emerging Technological Powers Frederick M. Abbott

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Book SynopsisThe patent has emerged as a dominant force in 21st century economic policy. This book examines the impact of the BRICS and other emerging economies on the global patent framework and charts the phenomenal rise in the number of patents in some of these countries.Guided by three of the world's leading thinkers on patent law and development, a group of experts from around the world, including the BRICS and key developed country patent powers, examine critical issues raised by patent globalization. Is increasing use of the patent system in China, India, Brazil and other emerging markets part of a deeper change in world technological leadership? Do the established patent powers of Europe, Japan and the USA continue to lead regulatory development of patent systems or are new models being formed in emerging markets? What are the effects of patent globalization on regions like the Middle East, Africa and lower income areas of Asia? Through the answers to these questions, the reader is furnished with a rounded understanding of 21st century patent globalization and emerging market dynamics.This book will appeal to patent law specialists, as well as scholars interested in the intersection between patents, innovation and economic development. In particular, the in-depth analysis would also be useful for policy analysts within government or research institutes working on patent policy issues.Contributors include: F.M. Abbott, D. Borges Barbosa, C.M. Correa, P. Drahos, M. El Said, C. Fink, P. Gehl Sampath, K. Karachalios, R. Kher, J. Kuanpoth, A. Kudlinski, T. Payosova, P. Roffe, S.K. Sell, Y. Tamura, G. Van Overwalle, Y.A. Vawda, H. Zhang, W. ZhuangTable of ContentsContents: PART I Introduction 1. Emerging Markets and the World Patent Order: The Forces of Change Frederick M. Abbott, Carlos M. Correa and Peter Drahos PART II Context 2. Intellectual Property Activity Worldwide – Key Trends, Facts, and Figures Carsten Fink 3. The Geo-politics of the World Patent Order Susan K. Sell 4. Rethinking the Patent System from the Perspective of Economics Haiyang Zhang 5. Rethinking the Role of the Patent Office from the Perspective of Responsive Regulation Peter Drahos 6. The Technology Transfer Debates and the Role of Emerging Economies Padmashree Gehl Sampath and Pedro Roffe 7. Development Strategies of Emerging Economies in the Era of Climate Change: Do Patent Statistics Tell us Anything? Konstantinos Karachalios PART III The BRICS Brazil 8. Patents and the Emerging Markets of Latin America – Brazil Denis Borges Barbosa China 9. Evolution of the Patent System in China Wei Zhuang India 10. India in the World Patent Order Rajeev Kher Russia 11. Russian Trip to the TRIPS: Patent Protection, Innovation Promotion and Public Health Tetyana Payosova South Africa 12. Harmonizing the National Policies for Healthcare, Pharmaceutical Industry and Intellectual Property: The South African Experience Andre Kudlinski 13. Patent Law in Emerging Economies: South Africa Yousuf A. Vawda PART IV ASEAN 14. Patents and the Emerging Markets of Asia: ASEAN and Thailand Jakkrit Kuanpoth PART V The Middle East 15. IP Policy and Regulation in the Arab World: Changes, Challenges and Opportunities Mohammed El Said PART VI The OECD Response Europe 16. The Impact of Emerging Market Patent Systems on Europe: Awaiting “The Rape of Europa”? Geetrui Van Overwalle Japan 17. IP-Based Nation: Strategy of Japan Yoshiyuki Tamura USA 18. The United States Response to Emerging Technological Powers Frederick M. Abbott

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Book SynopsisAurora Plomer explores international human rights, and its relevance to battles over intellectual property and science. Her work highlights the need for the benefits of scientific research to be fairly and equitably shared. Her work is an important original contribution to the literature on intellectual property, human rights, and the sociology of science.'- Matthew Rimmer, Queensland University of Technology, Australia'This remarkable book highlights and analyzes the inherent tensions and complementarities of patents with access to science, as materialized in the most prominent international human rights agreements. A must-read for anyone interested in one of the most crucial and debated questions of intellectual property, examined here from the perspective of its fascinating but complex interactions with human rights.'- Christophe Geiger, University of Strasbourg, France'The relationship between patents, human rights and science raises fundamental questions for innovation and for access to the benefits of scientific endeavour. Yet the complexities of the underlying science and legal environment in which it operates cannot be underestimated. Aurora Plomer deftly navigates this terrain with great clarity and skill. The resulting book is timely, accessible and a thorough scholarly work that demystifies and throws new light on the interface between science and the law.'- Duncan Matthews, Queen Mary University of London, UKThe new millennium has been described as 'the century of biology', but scientific progress and access to medicines has been marred by global disputes over ownership of the science by universities and private companies. This book examines the challenges posed by the modern patent system to the right of everyone to access the benefits of science in international law.Aurora Plomer retraces the genesis and evolution of the key Articles in the UN system (Article 27 UDHR and Article 15 ICESCR). She combines the historiography of these Articles with a novel perspective on the moral foundations of rights of access to science to draw out implications for today's controversies on patents in the life-sciences. The analysis suggests that access to science as a fundamental right requires both freedom from political and religious interference and the existence of enabling research institutions and educational facilities which promote the flow of knowledge through transparent and open structures. From this perspective, the global patent system is shown to fail spectacularly when it comes to the human rights ideal of universal access to science. The book concludes that a fundamental restructuring of patent institutions is required, in which democratic oversight of patent policies would ensure meaningful realization of the right of everyone to access the benefits of science.Students and scholars of international law, particularly those focusing on intellectual property and human rights, will find this book to be of considerable interest. It will also be of use to practitioners in the field.Trade Review‘Aurora Plomer explores international human rights, and its relevance to battles over intellectual property and science. Her work highlights the need for the benefits of scientific research to be fairly and equitably shared. Her work is an important original contribution to the literature on intellectual property, human rights, and the sociology of science.’ -- Matthew Rimmer, Queensland University of Technology, Australia‘This remarkable book highlights and analyzes the inherent tensions and complementarities of patents with access to science, as materialized in the most prominent international human rights agreements. A must-read for anyone interested in one of the most crucial and debated questions of intellectual property, examined here from the perspective of its fascinating but complex interactions with human rights.’ -- Christophe Geiger, University of Strasbourg, France‘In sum, Patents, Human Rights and Access to Science is an excellent book that scholars interested in the interplay of intellectual property, science and human rights should add to their reading list. Plomer is manifestly passionate about instituting significant reform in the global patent system to facilitate democratic oversight of patent policies and their compliance with human rights, and to ensure meaningful realisation of the right of everyone to access the benefits of science. Her argument is compelling. Let us hope that the international agencies created to defend universal human rights, as well committed individuals, patent offices, courts, non-governmental organisations and companies across the globe, work together to heed the sage advice offered in this book.’ -- SCRIPT-ed – the Online Law and Technology Journal‘This book offers an innovative and insightful reflection on the interplay between fundamental human rights and the intellectual property regime. It builds on Amartya Sen's theory of human capabilities in offering a fresh analysis of the the tension between the rights of inventors and the public interest in access to the benefits of science. The timeliness of this contribution is underscored by the growing scope of 'patentability' over genetic material and other life forms permitted by patent offices and superior courts in the United States and in Europe, as well as the entrenchment of corporate power at the expense of basic health needs through the extension and enforcement of intellectual property rights over essential medicines. Professor Plomer's argument for greater consideration of the public dimension is secured by her impressive archival study of the drafting history of the Article 27 Universal Declaration on Human Rights and Article 15 of the International Covenant on Economic, Social and Cultural Rights.’ -- John Harrington, Cardiff University, UK‘The relationship between patents, human rights and science raises fundamental questions for innovation and for access to the benefits of scientific endeavour. Yet the complexities of the underlying science and legal environment in which it operates cannot be underestimated. Aurora Plomer deftly navigates this terrain with great clarity and skill. The resulting book is timely, accessible and a thorough scholarly work that demystifies and throws new light on the interface between science and the law.’ -- Duncan Matthews, Queen Mary University of London, UK‘We are indebted, indeed, to Aurora Plomer for writing this book and for saying out loud and clearly the most important thing that needs to be said: we might be where we are, and it might not be the ideal place to be, but we should all – patent lawyers, scientists and citizens – take human rights seriously.’ -- Law, Innovation and TechnologyTable of ContentsContents: 1. Patents, Profits and the Public 2. The Moral Architecture of Human Rights and Rights of Access to Science 3. The Human Rights Paradox: Intellectual Property Rights and Rights of Access to Science 4. From Moral Ideals to Legal Obligations: The Genesis of Article 15 ICESCR 5. The UN’s Official Thinking on Article 15(1)(c) 6. UNESCO : Biotechnology, Bioethics and the Rights to Share in the Benefits of Science 7. Conclusion Index

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Book SynopsisDue to disagreement between policymakers and innovation economists, antitrust agencies have been rather confused over when and how to use competition law in reference to research and development (R&D) joint ventures and collaborations. This important book dissects the antitrust treatment, in the USA and under EU law, of joint R&D ventures from the 1970s to the present day. It provides a comprehensive analysis of the modifications and amendments made to legal acts and guidelines. It also looks at the slow shift in the scant case law detected both under the antitrust laws of the USA and the competition rules of the EU.Björn Lundqvist demonstrates that the prevailing antitrust policies towards R&D collaborations are very similar in the USA and the EU, and that they both mirror a lenient attitude towards collaboration between competitors. Nonetheless, ultimately, the book shows that a more stringent attitude from the antitrust establishment can be discerned, and that the concept of the innovation market could possibly soon have a revival.This fascinating book caters to both researchers and practitioners in competition law and economics. The easy-to-follow chart and boxes will be particularly useful for practitioners when setting up R&D joint ventures.Table of ContentsContents: 1. Introduction 2. Innovation Economics 3. Research and Development Agreements under US Antitrust Law and EC Competition Rules 4. Innovation Policy to be Implemented Index

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Book SynopsisWhat will European patent litigation look like in 10 years time? With the coming into force of seismic reforms, European Patent Litigation in the Shadow of the Unified Patent Court combines close analysis of the current regime with a novel use of qualitative survey data to assess the introduction of the Unified Patent Court (UPC) and the new European Patent with Unitary Effect. Not long ago only scant data were publicly available on the subject of patent litigation in EU member states. Using recently published data, Luke McDonagh paints a detailed picture of the patent litigation system in the key European jurisdictions of the UK, Germany, France and the Netherlands. He then outlines the rationale for reform - the perceived need to provide a more efficient, cost effective, harmonious litigation system - as well as the structure of the key reformative innovations. Making use of evidence from within the business and legal communities, this book highlights the key issues concerning the new system and examines what the impact of the reforms is likely to be on Europe's patent litigation system in the near future.This illuminating book will be useful to scholars, including postgraduate students, practitioners and policy makers wishing to learn more about the future of patent litigation in Europe.Trade Review'This distinguished book is to be highly recommended for its comprehensive coverage of and practical information on the impending European patent system. It is definitely indispensable for people concerned not only with Europe but also internationally, including, of course, with Asia.' --Tatsuhiro Ueno, Waseda University, Tokyo, Japan'Certainly the practical information and insightful commentary contained in this book will be appreciated by students, academics and policy makers, as well as practitioners.' --The BarristerTable of ContentsContents: 1. Introduction 2. European Patent Litigation Under the European Patent Convention (EPC) 3. Analysing the Reforms - The Unified Patent Court (UPC) and the European Patent With Unitary Effect (UP) 4. Exploring Perspectives of the Unified Patent Court and Unitary Patent Within the Business and Legal Communities 5. Conclusion Index

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Book SynopsisProfessor Stazi's volume on biotechnological inventions is an excellent work that any scholar or practitioner in this complex area of law should not only read, but also frequently consult. This detailed, systematic and comprehensive explanation of the provisions on 'patentability of life' - both in the EU and the USA - is combined with the related theories and constructions as well as the relevant case law. In this regard, the author offers a balanced overview of the relevant provisions and their explicit or implied exceptions.'- Alberto Musso, University of Bologna, Italy'The appropriate protection of biotechnological inventions and the so-called 'patentability of life' are one of the most crucial questions of modern intellectual property. It is also one of the most debated, as it involves not only complex legal issues but raises high social, ethical and even sometimes religious concerns. Professor Stazi's book is thus a very timely contribution, managing the 'tour de force' of combining serious and comparative doctrinal analysis of the criteria (and the limits) of patentability, while at the same time offering a good overview of the challenges with regard to bioethics and fundamental rights. Without any doubt, this volume will enrich the already excellent series on New Directions in Patent Law.'- Christophe Geiger, CEIPI, University of Strasbourg, FranceIn today's technological world, biotechnology is one of the most innovative and highly invested-in industries for research, in the field of science. This book analyzes the forms and limitations of patent protection recognition for biotechnological inventions, with particular regard to patentability of life.The author expertly compares the United States model, traditionally based on technical evaluations, with the European model, inspired by fundamental rights and bioethics. He highlights how the regulation of biotechnological inventions should guarantee a fair balance between protection of investment and access to information, which is essential for further research and innovation.Academics and practitioners dealing with intellectual property, patent law and biotechnological inventions will find this book to be of interest. The topics discussed will also be useful for patent offices and medical institutions, as well as medical researchers.Trade Review‘Professor Stazi’s volume on biotechnological inventions is an excellent work that any scholar or practitioner in this complex area of law should not only read, but also frequently consult. This detailed, systematic and comprehensive explanation of the provisions on “patentability of life” – both in the EU and the USA – is combined with the related theories and constructions as well as the relevant case law. In this regard, the author offers a balanced overview of the relevant provisions and their explicit or implied exceptions.’ -- Alberto Musso, University of Bologna, Italy‘The appropriate protection of biotechnological inventions and the so-called “patentability of life” are one of the most crucial questions of modern intellectual property. It is also one of the most debated, as it involves not only complex legal issues but raises high social, ethical and even sometimes religious concerns. Professor Stazi’s book is thus a very timely contribution, managing the “tour de force” of combining serious and comparative doctrinal analysis of the criteria (and the limits) of patentability, while at the same time offering a good overview of the challenges with regard to bioethics and fundamental rights. Without any doubt, this volume will enrich the already excellent series on New Directions in Patent Law.’ -- Christophe Geiger, CEIPI, University of Strasbourg, FranceTable of ContentsContents: 1. Patent Protection of Biotechnological Inventions and the Limits of Patentability 2. Interventions on Human Genetic Material: Legal and Bioethical Issues 3. The Evolution of the Discipline and Problematic Issues in the United States of America 4. The Evolution of the Discipline and Problematic Issues in Europe Conclusions Index

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Book SynopsisPatent holders are increasingly making voluntary, public commitments to limit the enforcement and other exploitation of their patents. The best-known form of patent pledge is the so-called FRAND commitment, in which a patent holder commits to license patents to manufacturers of standardized products on terms that are ''fair, reasonable and non-discriminatory.'' Patent pledges have also been appearing in fields well beyond technical standard-setting, including open source software, green technology and the biosciences. This book explores the motivations, legal characteristics and policy goals of these increasingly popular private ordering tools. Jorge Contreras and Meredith Jacob bring together work by more than a dozen international experts who examine the phenomenon of patent pledges from a variety of perspectives and analytical frameworks. The book assesses patent pledges as mechanisms for facilitating platform promotion, open innovation, economic development and environmental sustainability. Legal practitioners who are involved in intellectual property licensing, litigation and business transactions will find this book a key resource, as will in-house lawyers and managers at firms engaged in technology development and standardization. It will also be a key reference for scholars in law, economics, business and political science.Contributors include: C. Asay, B. Awad, M. Bohannon, M. Callahan, J. Contreras, D. Greenbaum, M. Jacob, Y. Kim, M. Maggiolino, C. Maracke, A. Metzger, L. Montagnani, J. Schultz, S. Scott, T. Sebastian, N. Shanahan, R. Sichel, R. Sikorski, T. Simcoe, D. Valz, L. Vertinsky, E. Wang, E. Winston, S.-S. YiTrade Review'Patent Pledges Global Perspectives on Patent Law’s Private Ordering Frontier, is a must-read for anyone involved in technology development and standardization. The authors analyze the complexity of patent pledges in a clear and concise manner. Moreover, even though the book is addressed to practitioners in the field of IP licensing, litigation, technology development, and standardization, the way in which the content is addressed makes the book useful as well for scholars in various fields.' -- IPkat blogTable of ContentsContents: Introduction Part I: Landscape of Patent Pledges 1. A Patent Pledge Taxonomy Jorge L. Contreras 2. Unilateral Patent Pledges - Motivations and Key Principles Duane R. Valz 3. Patent Sharing in Biotechnology Dov Greenbaum 4. Patent Pledges In Green Technology Bassem Awad Part II: Litigation Involving Patent Pledges 5. Patent Pledge Enforcement Theories Jorge L. Contreras 6. Patent Pledges at the U.S. International Trade Commission Elizabeth I. Winston 7. Voluntary Patent Pledges: Enforcement in Germany Catharina Maracke and Axel Metzger Part III: Competition Law and Patent Pledges Around the World 8. Is Patent Reform via Private Ordering Anticompetitive? An Analysis of Open Patent Agreements Matthew W. Callahan and Jason M. Schultz 9. Enforcing Patent Pledges Under EU Law Rafal Sikorski 10. Patent Pledges and Antitrust Law in Brazil Ricardo Sichel 11. Patent Pledge Enforcement in China Elizabeth Xiao-Ru Wang 12. Patent Pledges: Korean Perspectives Sang-Seung Yi and Yoonhee Kim Part IV: Patent Pledges and Innovation 13. The Informational Effects Of Patent Pledges Clark D. Asay 14. Open Innovation And Patent Pledges Mariateresa Maggiolino and Maria Lillà Montagnani 15. The Role of Patent Pledges in the Cloud Liza Vertinsky 16. Patent Pledges and Developing Countries: The Tryst with India’s Destiny Tania Sebastian Part V: Patent Pledges Moving Forward 17. How to Make and Keep a Patent Pledge Timothy S. Simcoe 18. A Registry for Patent Pledges Jorge L. Contreras 19. Overcoming Information Asymmetry in Patent Pledge Records Nicole Shanahan 20. Best Practices for Making Patent Pledges Meredith Jacob Index

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