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The patent system is based on "one-patent-per-product" presumption and therefore fails to sustain complex follow-on innovations that contain a number of patents. The book explains that follow-on innovations may be subject to market failures such as hold-ups and excessive royalties. For decades, scholars have debated whether the market problems can be solved with voluntary licensing i.e., open innovation, or with compulsory liability rules. The book concludes that neither approach is sufficient. On the one hand, incentives to engage in open innovation practices involving patents are insufficient. On the other hand, the existing compulsory liability rules in patent and competition law are not tailored to address follow-on innovator's interests. To transcend this problem, the author proposes a compulsory liability rule against the suppression of follow-on innovation, that paradoxically, fosters early-on voluntary licensing between patent holders and follow-on innovators. The book is aimed at patent and competition law scholars and practitioners, patent attorneys, managers, engineers and economists who either engage in open innovation involving patents or conduct research on the topic. It also offers insights to policy and law-makers reviewing the possibilities to foster open innovation initiatives or adapt the scope of patent remedies or employ compulsory licenses for patents.
Compulsory licensing of patents. --- Compulsory licensing of patents --- Patent laws and legislation --- Patent licenses --- Patents and government-developed inventions --- Law and legislation --- Information technology --- Mass media --- IT Law, Media Law, Intellectual Property. --- Technology and law --- Law and legislation.
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Dr. Van Anh Le has written an important and timely new book focusing on the ability of countries to provide essential medicines to their populations even when these medicines are patented. Martin J. Adelman, Theodore and James Pedas Family Professor of Intellectual Property and Technology Law, George Washington University Law School. The work of Van Anh Le is a timely and much needed one. It provides an updated and useful analysis of current global intellectual property flexibilities and case studies from several developing countries including India and Brazil. It also provides policy recommendations which many developing counties could consider while designing their national intellectual property protection regimes. A must have in any library. Mohammed El Said, Professor in International Trade and Intellectual Property Law, School of Law and Social Science, University of Central Lancashire. This timely monograph focuses on India and Brazils use of compulsory licensing, one of the most significant and controversial TRIPS flexibilities. This is a topical work at this critical time when the COVID-19 has stirred up the debate about compulsory licensing and access to medicines. A closer look into the historical use of compulsory licences in certain countries can offer some takeaways for the current situation. The author studies historical developments and political conditions of the patent system and compulsory licensing from the earliest stage to the modern arena, with a great emphasis on TRIPS. After conducting a cross-national study of India and Brazil, the book moves on to evaluate the different philosophies on compulsory licensing of multilateral organizations such as the EU, the WIPO, the WTO, and NGOs. This important book will strongly appeal to intellectual property students, academics, policymakers, and lawyers practicing in the area. It will also be of interest to academics working in the areas of international law, development, and public health as well as state actors and others with relevant concerns working in multilateral organizations. Van Anh Le is Departmental Lecturer in Intellectual Property Law at the University of Oxford, UK. .
Drugs --- Compulsory licensing of patents. --- Drug accessibility --- Pharmaceutical policy --- Public health laws --- Compulsory licensing of patents --- Patent laws and legislation --- Patent licenses --- Patents and government-developed inventions --- Patents. --- Law and legislation. --- Law and legislation
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Patents and government-developed inventions --- Research and development contracts, Government --- Veterans' hospitals --- Medicine --- Research --- Finance. --- United States. --- Research grants. --- United States --- Patents --- Research and development contracts --- Contracts --- Medical care --- History --- Technology & engineering --- Science --- Law --- Medical
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Patents and government-developed inventions --- Research and development contracts, Government --- Public-private sector cooperation --- Research and development partnership --- Intellectual property --- Government policy --- Research and development contracts --- Science --- Business & economics --- Law
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Patents and government-developed inventions --- Research and development contracts, Government --- Veterans' hospitals --- Medicine --- Research --- Finance. --- United States. --- Research grants. --- United States --- Patents --- Research and development contracts --- Contracts --- Federal aid to medical research --- Medical care --- History --- Technology & engineering --- Science --- Law --- Medical
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Skilled workers of the early nineteenth century enjoyed a degree of professional independence because workplace knowledge and technical skill were their ""property,"" or at least their attribute. In most sectors of today's economy, however, it is a foundational and widely accepted truth that businesses retain legal ownership of employee-generated intellectual property. In Working Knowledge, Catherine Fisk chronicles the legal and social transformations that led to the transfer of ownership of employee innovation from labor to management. This deeply contested development was won
Inventions, Employees' --- Intellectual property --- Patents and government-developed inventions --- Inventions d'employés --- Propriété intellectuelle --- Brevets d'invention et inventions gouvernementales --- History --- Histoire --- Intellectual property --United States. --- Inventions, Employees' --United States --History. --- Patents and government-developed inventions --United States. --- Intellectual Property Law - U.S. --- Law - U.S. --- Law, Politics & Government --- History. --- Inventions d'employés --- Propriété intellectuelle --- Employees' inventions --- Inventions of employees --- Shop rights (Patent law) --- Law and legislation --- Master and servant --- Patent laws and legislation --- Technological innovations --- Employee participation --- E-books
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This work addresses the complexity of the WTO's August 30,. 2003 decision on the implementation of paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health. It provides an explanation of the decision and model legal texts for the required notifications to the WTO and for the amendments of their patent law that most developing countries will need to pass in order to incorporate the decision in their domestic legal framework.
Zonder onderwerpscode: wereldeconomie, ontwikkelingsproblematiek --- Compulsory licensing of patents. --- Drugs --- Pharmacy --- Public health laws, International. --- Public health --- International public health laws --- International sanitary regulations --- World health --- International law --- Pharmaceutical industry --- Pharmaceutical policy --- Narcotic laws --- Drug control --- Public health laws --- Compulsory licensing of patents --- Patent laws and legislation --- Patent licenses --- Patents and government-developed inventions --- Law and legislation. --- Law and legislation --- Laws and legislation --- Doha Declaration on the TRIPs Agreement and Public Health --- Declaration on the TRIPs Agreement and Public Health