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Author: C. Bradford Biddle
Publisher: Cambridge University Press
Published: 2019-06-27
Total Pages: 379
ISBN-13: 1108426751
DOWNLOAD EBOOKThrough a collaboration among twenty legal scholars from North America, Europe and Asia, this book presents an international consensus on the use of patent remedies for complex products such as smartphones, computer networks, and the Internet of Things. This title is also available as Open Access on Cambridge Core.
Author: Barry L. Grossman
Publisher: BNA Books (Bureau of National Affairs)
Published: 2010
Total Pages: 0
ISBN-13: 9781570188862
DOWNLOAD EBOOK"Section of Intellectual Property Law, American Bar Association."
Author: National Research Council
Publisher: National Academies Press
Published: 2004-10-01
Total Pages: 186
ISBN-13: 0309089107
DOWNLOAD EBOOKThe 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: Ashish Bharadwaj
Publisher: Springer
Published: 2017-10-27
Total Pages: 218
ISBN-13: 9811060118
DOWNLOAD EBOOKThis book is open access under a CC BY 4.0 license. With technology standards becoming increasingly common, particularly in the information and communications technology (ICT) sector, the complexities and contradictions at the interface of intellectual property law and competition law have emerged strongly. This book talks about how the regulatory agencies and courts in the United States, European Union and India are dealing with the rising allegations of anti-competitive behaviour by standard essential patent (SEP) holders. It also discusses the role of standards setting organizations / standards developing organizations (SSO/SDO) and the various players involved in implementing the standards that influence practices and internal dynamics in the ICT sector. This book includes discussions on fair, reasonable and non-discriminatory (FRAND) licensing terms and the complexities that arise when both licensors and licensees of SEPs differ on what they mean by “fair”, “reasonable” and “non-discriminatory” terms. It also addresses topics such as the appropriate royalty base, calculation of FRAND rates and concerns related to FRAND commitments and the role of Federal Trade Commission (FTC) in collaborative standard setting process. This book provides a wide range of valuable information and is a useful tool for graduate students, academics and researchers.
Author: John Skenyon
Publisher: West Group Publishing
Published: 1999
Total Pages: 0
ISBN-13: 9780836613803
DOWNLOAD EBOOKFocuses on the current law of damages in utility patent cases, evaluating damages in such cases, enhancing or limiting damages, and techniques and tips for conducting the prosecution or defense of a patent damages case. Discusses only the current state of the law with reference to the historical roots of some doctrines where appropriate. Seven chapters present a primer on patent law and discuss lost profits, reasonable royalty damages, enhancement of damages, limitations on damage awards, litigation case study, and pre-filing issues and forms.
Author: United States. Commission on Evidence-Based Policymaking
Publisher: Government Printing Office
Published: 2017
Total Pages: 140
ISBN-13: 9780160941924
DOWNLOAD EBOOKAuthor: American Bar Association. House of Delegates
Publisher: American Bar Association
Published: 2007
Total Pages: 216
ISBN-13: 9781590318737
DOWNLOAD EBOOKThe Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author:
Publisher: DIANE Publishing
Published: 2002
Total Pages: 129
ISBN-13: 1428951938
DOWNLOAD EBOOKAuthor: Organisation for Economic Co-operation and Development
Publisher: OECD Publishing
Published: 2000
Total Pages: 118
ISBN-13:
DOWNLOAD EBOOK"This study examines the role of innovation and information and communications technologies in recent OECD growth performances"--Foreword.
Author: Ashish Bharadwaj
Publisher: Springer
Published: 2018-07-23
Total Pages: 350
ISBN-13: 981131232X
DOWNLOAD EBOOKThis open access edited book captures the complexities and conflicts arising at the interface of intellectual property rights (IPR) and competition law. To do so, it discusses four specific themes: (a) policies governing functioning of standard setting organizations (SSOs), transparency and incentivising future innovation; (b) issue of royalties for standard essential patents (SEPs) and related disputes; (c) due process principles, procedural fairness and best practices in competition law; and (d) coherence of patent policies and consonance with competition law to support innovation in new technologies. Many countries have formulated policies and re-oriented their economies to foster technological innovation as it is seen as a major source of economic growth. At the same time, there have been tensions between patent laws and competition laws, despite the fact that both are intended to enhance consumer welfare. In this regard, licensing of SEPs has been debated extensively, although in most instances, innovators and implementers successfully negotiate licensing of SEPs. However, there have been instances where disagreements on royalty base and royalty rates, terms of licensing, bundling of patents in licenses, pooling of licenses have arisen, and this has resulted in a surge of litigation in various jurisdictions and also drawn the attention of competition/anti-trust regulators. Further, a lingering lack of consensus among scholars, industry experts and regulators regarding solutions and techniques that are apposite in these matters across jurisdictions has added to the confusion. This book looks at the processes adopted by the competition/anti-trust regulators to apply the principles of due process and procedural fairness in investigating abuse of dominance cases against innovators.
