A Global Solution for the Protection of Inventions PDF Download

Author: Esteban Donoso
Publisher: Archway Publishing
ISBN: 1480804150
Category : Business & Economics
Languages : en
Pages : 213

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Book Description
Is the current global legal system for patents really universal, fair, and effective? Author Esteban Donoso addresses this question in A Global Solution for the Protection of Inventions. Sharing the results of an extensive study, Donoso analyzes the legal nature of intellectual property, industrial property, and patents and reviews the evolution and background of the current global legal scenario of the protection of inventions. The study also identifies the main flaws, strengths, and virtues of the current system and examines the international instrument governing patents. Donoso then introduces a corrective action plan and addresses the compatibility of the proposal in regard to free trade, technology transfer, and the least possible market distortion. A Global Solution for the Protection of Inventions seeks to correct the deficiencies that exist in the current patent system by introducing a differentiated protection period granted by a patent according to the economic capacity of each country and demonstrates that this action is necessary to make the global agreement governing the system just and effective.

Author: Esteban Donoso
Publisher: Archway Publishing
ISBN: 1480804169
Category : Social Science
Languages : en
Pages :

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Book Description
Is the current global legal system for patents really universal, fair, and effective? Author Esteban Donoso addresses this question in A Global Solution for the Protection of Inventions. Sharing the results of an extensive study, Donoso analyzes the legal nature of intellectual property, industrial property, and patents and reviews the evolution and background of the current global legal scenario of the protection of inventions. The study also identifies the main flaws, strengths, and virtues of the current system and examines the international instrument governing patents. Donoso then introduces a corrective action plan and addresses the compatibility of the proposal in regard to free trade, technology transfer, and the least possible market distortion. A Global Solution for the Protection of Inventions seeks to correct the deficiencies that exist in the current patent system by introducing a differentiated protection period granted by a patent according to the economic capacity of each country and demonstrates that this action is necessary to make the global agreement governing the system just and effective.

Author: World Intellectual Property Organization
Publisher: WIPO
ISBN: 9280526510
Category : Law
Languages : en
Pages : 44

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Book Description
This Guide aims to assist users in searching for technology information using patent documents, a rich source of technical, legal and business information presented in a generally standardized format and often not reproduced anywhere else. Though the Guide focuses on patent information, many of the search techniques described here can also be applied in searching other non-patent sources of technology information.

Author: National Research Council
Publisher: National Academies Press
ISBN: 0309048338
Category : Political Science
Languages : en
Pages : 457

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Book Description
As technological developments multiply around the globeâ€"even as the patenting of human genes comes under serious discussionâ€"nations, companies, and researchers find themselves in conflict over intellectual property rights (IPRs). Now, an international group of experts presents the first multidisciplinary look at IPRs in an age of explosive growth in science and technology. This thought-provoking volume offers an update on current international IPR negotiations and includes case studies on software, computer chips, optoelectronics, and biotechnologyâ€"areas characterized by high development cost and easy reproducibility. The volume covers these and other issues: Modern economic theory as a basis for approaching international IPRs. U.S. intellectual property practices versus those in Japan, India, the European Community, and the developing and newly industrializing countries. Trends in science and technology and how they affect IPRs. Pros and cons of a uniform international IPRs regime versus a system reflecting national differences.

Author: U. Suthersanen
Publisher: Edward Elgar Publishing
ISBN: 1847204449
Category : Law
Languages : en
Pages : 217

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Book Description
For anyone with an interest in patent law, intellectual property law generally, and/or the interplay of policy and practice at the forefront of an essentially economic but ideology laden area of law, this is an excellent work providing much food for thought. . . This work is an excellent addition to the literature in the area and will fuel ongoing debate over reform. At the very least it will provide an interesting read for those with an interest in intellectual property law, or who practice in the area. The practice of law can all too easily exhibit the worst attributes of scholasticism; work such as this is an enjoyable remedy, and I recommend this book for all those who care to reflect upon the deeper themes of this area of law and who have an interest in the process of debate as opposed to advocacy for a particular position. . . A decent glass of something along with this book makes for an enjoyable few hours at the very least. Gus Hazel, New Zealand Law Journal The current patent system is both facilitator and stumbling block, as the editors recognise, and the problems raised by borderline inventions at the margins of patentability, as well as the detection and deterrence of free riders, reflect this ambiguity. The editors are to be congratulated on putting together such a good and enjoyable read, complete with a set of conclusions and recommendations. ipkat.com Clearly written in an accessible style, this book brings together economic thinking on innovation and legal thinking on unpatentable invention and sets them in the context of the legal systems in countries in various parts of the world. Its great merit is the emphasis on empirical and institutional analysis of theory and practice. It should inform IP policy-making everywhere. Ruth Towse, Erasmus University Rotterdam, The Netherlands This book asks whether or not protecting unpatentable innovation is a good idea, especially for developing countries. Edited by well-known specialists from the Queen Mary IP Institute and the Singapore IP Academy, who have included their own substantial contributions, the work contains a number of valuable empirical studies by national experts mainly from the Far East and Latin America on the operation of national utility models and other similar schemes designed to protect innovation outside the patent system. The book is essential reading for lawyers, economists, policy makers and NGOs concerned with how best to encourage national and regional innovation and economic prosperity. David Vaver, University of Oxford, UK Focusing on innovation and development, this book, easy to read and full of interesting detail, provides both valuable insight into the theoretical framework of innovation as supported by intellectual property protection and contains valuable case studies of national systems of innovation in the Pacific Rim States. Thomas Dreier, University of Karlsruhe, Germany This book is concerned with the extent to which innovations should or should not be protected as intellectual property, and the implications this has upon the ability of local manufacturers to learn to innovate. A question the book considers is how far legal protection should extend to inventions that may only just, or indeed not quite, meet the conventional criteria for patentability, in terms of the level of inventiveness. Innovation without Patents offers a thoughtful and empirically rich analysis of the current system in a number of developed and developing countries in the Asia-Pacific. It asks whether such innovations should remain free from patenting, or whether alternative intellectual property regimes should be offered in such cases, and indeed whether the requirements change depending on a country s level of development. This discussion is capped by a number of proposed policy options. The theoretical and practical approaches to intellectual property rights, innovation and development policy formulation make Innovation without Patents acce

Author: Maria de Icaza
Publisher: WIPO
ISBN: 9280514318
Category : Law
Languages : en
Pages : 69

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Book Description
"Inventions and Patents" is the first of WIPO's Learn from the past, create the future series of publications aimed at young students. This series was launched in recognition of the importance of children and young adults as the creators of our future.

Author: National Research Council
Publisher: National Academies Press
ISBN: 0309089107
Category : Science
Languages : en
Pages : 186

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Book Description
The U.S. patent system is in an accelerating race with human ingenuity and investments in innovation. In many respects the system has responded with admirable flexibility, but the strain of continual technological change and the greater importance ascribed to patents in a knowledge economy are exposing weaknesses including questionable patent quality, rising transaction costs, impediments to the dissemination of information through patents, and international inconsistencies. A panel including a mix of legal expertise, economists, technologists, and university and corporate officials recommends significant changes in the way the patent system operates. A Patent System for the 21st Century urges creation of a mechanism for post-grant challenges to newly issued patents, reinvigoration of the non-obviousness standard to quality for a patent, strengthening of the U.S. Patent and Trademark Office, simplified and less costly litigation, harmonization of the U.S., European, and Japanese examination process, and protection of some research from patent infringement liability.

Author: Lisa Mueller
Publisher: Kluwer Law International B.V.
ISBN: 9041199861
Category : Law
Languages : en
Pages : 357

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Book Description
Like all inventors, developers of in vitro medical diagnostic tests depend on patent protection that is enforceable against alleged infringers and ensures royalties and other payments. Due to recent United States (US) court decisions that have made the patentability of such tests untenable in the US, there is an expectation that patent applications for in vitro diagnostic inventions will increase in commercially important countries that provide broader protection. Accordingly, this book thoroughly describes the patentability requirements and enforcement challenges faced by in vitro diagnostic inventions in nine major worldwide markets, providing practical tips on how to overcome these challenges and build a globally enforceable patent portfolio for such inventions. For each of nine jurisdictions – Australia, Canada, China, the European Union, India, Japan, Russia, South Africa and the US – an author knowledgeable in the patent law of his or her country examines such elements as the following: subject matter eligibility; specific patentability hurdles; recent and relevant cases; specific issues relating to enforcement; and exceptions to infringement. Specific examples of types of claims (both immunohistochemistry and molecular in vitro diagnostics) are provided, along with tips for drafting and prosecuting applications and best practices for forestalling rejections based on subject matter eligibility and prior art. This book is the first to provide a comprehensive global examination of the patentability of in vitro diagnostic tests. The editor, a patent attorney globally known for her work with the pharmaceutical industry, has assembled a compendium of international expertise that will prove indispensable to patent practitioners (prosecution as well as litigation), corporate research teams, pharmaceutical and other companies and academics throughout the world.

Author: Duncan Bucknell
Publisher: Oxford University Press
ISBN: 9780199289011
Category : Law
Languages : en
Pages : 2100

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Book Description
Pharmaceutical, Biotechnology, and Chemical Inventions: World Protection and Exploitation, This book highlights the special issues arising in obtaining, commercializing, enforcing or attacking intellectual property rights (including protection of regulatory data) in the pharmaceutical, biotechnology and chemical industries across the world's key jurisdictions. It is unique in presenting topic matter horizontally by subject to facilitate comparison between country practices. The first two chapters give a general introduction to the differences between the jurisdictions and an overview of some of the key concepts in patent law. The remainder of the book is dedicated to a detailed analysis of the major legal issues arising in these areas of technology. Each component chapter has a comparative introduction, looking at the variances in the laws of different domains, followed by side-by-side analysis of the relevant regimes, including tables and flow-charts which summarize and explain the key legal concepts. The jurisdictions covered are the United States, Europe (UK, Germany, Netherlands, France and Italy), Japan, Canada, Australia, India and China.

Author: Wolrad Prinz zu Waldeck und Pyrmont
Publisher: Springer Science & Business Media
ISBN: 3540887431
Category : Law
Languages : en
Pages : 898

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Book Description
In the last two decades, accelerating technological progress, increasing economic globalization and the proliferation of international agreements have created new challenges for intellectual property law. In this collection of articles in honor of Professor Joseph Straus, more than 60 scholars and practitioners from the Americas, Asia and Europe provide legal, economic and policy perspectives on these challenges, with a particular focus on the challenges facing the modern patent system. Among the many topics addressed are the rapid development of specific technical fields such as biotechnology, the relationship of exclusive rights and competition, and the application of territorially limited IP laws in cross-border scenarios.