Patent Pools, Competition Law and Biotechnology
Patent Pools, Competition Law and Biotechnology

Author: Devdatta Malshe

Publisher: Routledge

Published: 2018-05-15

Total Pages: 153

ISBN-13: 0429016166

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Exploring the relationship between competition law and technology pools, this book provides general-purpose details of the biotechnology patent pool scheme while discussing historical developments, approaches of the US Department of Justice, Federal Trade Commission, and the European Union Competition Commission via EU regulations. In addition to these regulatory approaches and evolution in concept and theory of technology pools, this book illustrates relationship issues including tying arrangements and essential facility consideration vis-à-vis technology pools. It analyzes the modalities of forming such pools in the area of biotechnology, specifically illustrating that the formation of technology pools is possible and can be safely undertaken, and proposes a viable solution and structure. Patent pools in the biotechnology industry will pave the way towards open collaborative research, reducing patent thickets. Formation of such pools will increase access to various technology and patents otherwise out of bounds, resulting in a reduction of licensing costs and a spur in the development of new solutions. Most importantly, such pools will reduce the frequency of patent toll gates, making the entire spectrum of research interesting from the perspective of researchers as well as investors. This book will be an aid to researchers studying intellectual property, patents, and biotechnology, as well as to interest groups including funding agencies, venture funds, angel investors, and proponents of the open-source movement.

Technology Pooling Licensing Agreements
Technology Pooling Licensing Agreements

Author: Monica Armillotta

Publisher: Nomos Verlagsgesellschaft

Published: 2010

Total Pages: 0

ISBN-13: 9783832959760

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In patent communities, several patentees cooperate contractually to license the respective patented technologies to third parties. In consideration of the rising relevance of this business practice, this dissertation discusses crucial courses and strategic considerations - which are the basis for the establishment of patent communities, both in legal and empirical regard - in order to identify the optimal conditions for successful conversion in a competitive surrounding. Thus, the best conditions for the promotion of innovation are to be created. In this regard, the composition and the structure are examined within such communities, with special consideration of the nature of the contained technologies (e.g. "complementary" contrary to "substitute" technologies). Furthermore, the study is completed by taking into account the regulation of the EU and of the US. Dissertation.

Innovation and Its Discontents
Innovation and Its Discontents

Author: Adam B. Jaffe

Publisher: Princeton University Press

Published: 2011-05-27

Total Pages: 253

ISBN-13: 1400837340

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The United States patent system has become sand rather than lubricant in the wheels of American progress. Such is the premise behind this provocative and timely book by two of the nation's leading experts on patents and economic innovation. Innovation and Its Discontents tells the story of how recent changes in patenting--an institutional process that was created to nurture innovation--have wreaked havoc on innovators, businesses, and economic productivity. Jaffe and Lerner, who have spent the past two decades studying the patent system, show how legal changes initiated in the 1980s converted the system from a stimulator of innovation to a creator of litigation and uncertainty that threatens the innovation process itself. In one telling vignette, Jaffe and Lerner cite a patent litigation campaign brought by a a semi-conductor chip designer that claims control of an entire category of computer memory chips. The firm's claims are based on a modest 15-year old invention, whose scope and influenced were broadened by secretly manipulating an industry-wide cooperative standard-setting body. Such cases are largely the result of two changes in the patent climate, Jaffe and Lerner contend. First, new laws have made it easier for businesses and inventors to secure patents on products of all kinds, and second, the laws have tilted the table to favor patent holders, no matter how tenuous their claims. After analyzing the economic incentives created by the current policies, Jaffe and Lerner suggest a three-pronged solution for restoring the patent system: create incentives to motivate parties who have information about the novelty of a patent; provide multiple levels of patent review; and replace juries with judges and special masters to preside over certain aspects of infringement cases. Well-argued and engagingly written, Innovation and Its Discontents offers a fresh approach for enhancing both the nation's creativity and its economic growth.

Genes and Ingenuity
Genes and Ingenuity

Author: Australia. Law Reform Commission

Publisher: Virago Press

Published: 2004

Total Pages: 690

ISBN-13:

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Report of an inquiry concerned with two broad issues: the patenting of genetic materials and technologies, and the exploitation of these patents and the distinction that can and possibly should be made between discoveries and inventions when referring to claims over genetic sequences.

The Cambridge Handbook of Public-Private Partnerships, Intellectual Property Governance, and Sustainable Development
The Cambridge Handbook of Public-Private Partnerships, Intellectual Property Governance, and Sustainable Development

Author: Margaret Chon

Publisher: Cambridge University Press

Published: 2018-09-20

Total Pages: 811

ISBN-13: 1316811999

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Public–private partnerships (PPPs) play an increasingly prominent role in addressing global development challenges. United Nations agencies and other organizations are relying on PPPs to improve global health, facilitate access to scientific information, and encourage the diffusion of climate change technologies. For this reason, the 2030 Agenda for Sustainable Development highlights their centrality in the implementation of the Sustainable Development Goals (SDGs). At the same time, the intellectual property dimensions and implications of these efforts remain under-examined. Through selective case studies, this illuminating work contributes to a better understanding of the relationships between PPPs and intellectual property considered within a global knowledge governance framework, that includes innovation, capacity-building, technological learning, and diffusion. Linking global governance of knowledge via intellectual property to the SDGs, this is the first book to chart the activities of PPPs at this important nexus.

Biotechnology and the Patent System
Biotechnology and the Patent System

Author: Claude E. Barfield

Publisher: A E I Press

Published: 2007

Total Pages: 116

ISBN-13: 9780844742564

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American patent law has reached an unprecedented crossroads, prodded by a landmark Supreme Court decision this spring and the prospect of sweeping new federal legislation this fall. At this critical time, Biotechnology and the Patent System: Balancing Innovation and Property Rights provides a timely look at the complex issues involved in making patent law for cutting-edge high-tech industries such as the biotechnology and computer software sectors.

Patent Pledges
Patent Pledges

Author: Jorge L. Contreras

Publisher: Edward Elgar Publishing

Published: 2017-03-31

Total Pages: 360

ISBN-13: 1785362496

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Patent 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.

Reaping the Benefits of Genomic and Proteomic Research
Reaping the Benefits of Genomic and Proteomic Research

Author: National Research Council

Publisher: National Academies Press

Published: 2006-04-09

Total Pages: 189

ISBN-13: 0309100674

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The patenting and licensing of human genetic material and proteins represents an extension of intellectual property (IP) rights to naturally occurring biological material and scientific information, much of it well upstream of drugs and other disease therapies. This report concludes that IP restrictions rarely impose significant burdens on biomedical research, but there are reasons to be apprehensive about their future impact on scientific advances in this area. The report recommends 13 actions that policy-makers, courts, universities, and health and patent officials should take to prevent the increasingly complex web of IP protections from getting in the way of potential breakthroughs in genomic and proteomic research. It endorses the National Institutes of Health guidelines for technology licensing, data sharing, and research material exchanges and says that oversight of compliance should be strengthened. It recommends enactment of a statutory exception from infringement liability for research on a patented invention and raising the bar somewhat to qualify for a patent on upstream research discoveries in biotechnology. With respect to genetic diagnostic tests to detect patient mutations associated with certain diseases, the report urges patent holders to allow others to perform the tests for purposes of verifying the results.

Research Handbook on Intellectual Property and the Life Sciences
Research Handbook on Intellectual Property and the Life Sciences

Author: Duncan Matthews

Publisher: Edward Elgar Publishing

Published: 2017-06-30

Total Pages: 529

ISBN-13: 1783479450

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Intellectual property (IP) is a key component of the life sciences, one of the most dynamic and innovative fields of technology today. At the same time, the relationship between IP and the life sciences raises new public policy dilemmas. The Research Handbook on Intellectual Property and the Life Sciences comprises contributions by leading experts from academia and industry to provide in-depth analyses of key topics including pharmaceuticals, diagnostics and genes, plant innovations, stem cells, the role of competition law and access to medicines. The Research Handbook focuses on the relationship between IP and the life sciences in Europe and the United States, complemented by country-specific case studies on Australia, Brazil, China, India, Japan, Kenya, South Africa and Thailand to provide a truly international perspective.

Competition Law and Patents
Competition Law and Patents

Author: Irina Haracoglou

Publisher: Edward Elgar Publishing

Published: 2008-01-01

Total Pages: 272

ISBN-13: 1848440111

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This is an incredibly interesting book on an increasingly pertinent topic. . . the book is succinctly written and provides a comprehensive overview of EU law. . . providing a really useful analysis of the European cases concerned with the imposition of a duty to deal in relation to intellectual property. . . This book is a thoroughly enjoyable read, and perhaps because of its brevity the author retains her focus on the central issues being examined. I found it to be engaging and thought provoking. Jane Nielsen, Competition and Consumer Law Journal The book caters for various groups ranging from those with a general interest in competition law, patent law and/or biopharmaceuticals, to students who want to understand how competition and intellectual property work in practice (or to understand the interface between the two policies), and from practitioners and policymakers to people within the biopharmaceutical industry itself. Journal of Intellectual Property Rights Using the example of research tools in biopharmaceutical research and innovation, this book examines the complexities of the relationship between two fundamental areas of law and policy intellectual property rights and competition law. It addresses a question that is certain to become paramount in other industries also: how to strike the balance between initial and follow-on innovation so as to ensure that access to essential research tools (or other fundamental elements to follow-on innovation) is not impeded. The book concludes by suggesting how competition law could be used to complement the patent balance. Competition Law and Patents caters for various groups ranging from those with a general interest in competition law, patent law and/or biopharmaceuticals, to students who want to understand how competition and intellectual property work in practice (or to understand the interface between the two policies), and from practitioners and policymakers to people within the biopharmaceutical industry itself.