ERN: Intellectual Property (Topic)最新文献_第2页

Measuring Success Factors and Performance of Institutional Repositories 衡量机构存储库的成功因素和性能

ERN: Intellectual Property (Topic) Pub Date : 2020-06-29 DOI: 10.20474/jabs-6.3.1

Mohd Helmi Masor, N. Kassim

引用次数: 0

The U.S. Government's Apparent Co-Ownership of Patents Protecting Remdesivir 美国政府对保护瑞德西韦的专利的共同所有权

ERN: Intellectual Property (Topic) Pub Date : 2020-05-20 DOI: 10.2139/ssrn.3880720

James Krellenstein, Christopher J. Morten

{"title":"The U.S. Government's Apparent Co-Ownership of Patents Protecting Remdesivir","authors":"James Krellenstein, Christopher J. Morten","doi":"10.2139/ssrn.3880720","DOIUrl":"https://doi.org/10.2139/ssrn.3880720","url":null,"abstract":"Some preliminary evidence suggests the antiviral drug remdesivir can accelerate recovery from COVID-19, although (as of writing) there is no clear evidence it can actually save the lives of people with COVID-19. Given its promise, remdesivir has been given emergency use authorization by the Food and Drug Administration and is currently being used in hospitals around the world. Remdesivir is manufactured by Gilead Sciences, Inc. (“Gilead”) and is widely perceived as being “owned” by Gilead.However, our analysis indicates that the U.S. government likely has a legal right to claim co-ownership of remdesivir—or at least co-ownership of the core U.S. patents that cover the chemical structure of remdesivir—as well as methods of using the remdesivir to treat various diseases. This is because U.S. government scientists working with United States Army Medical Research Institute of Infectious Diseases (USAMRIID) and the Centers for Disease Control and Prevention (CDC) appear to have contributed in various ways to the “invention” of remdesivir—perhaps to the selection of the compound as a drug candidate, and more clearly to the discovery of remdesivir’s antiviral properties. Based on their intellectual contributions, these government scientists should probably be named as co-inventors on these patents. If these U.S. government scientists are indeed inventors of the patents on remdesivir, then, under U.S. patent law, the patents are presumed co-owned by the U.S. government. If remdesivir proves safe and effective in treating COVID-19, as the world hopes it will, the U.S. government could exercise its patent rights to lower prices and expand access to remdesivir, if need be. This report poses a critical question—if the U.S. government co-invented remdesivir, with substantial investment by the American public in its development, why should Gilead alone profit and control who can manufacture it?","PeriodicalId":125544,"journal":{"name":"ERN: Intellectual Property (Topic)","volume":"61 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130873638","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 3

Measuring the Direction of Innovation: Frontier Tools in Unassisted Machine Learning 衡量创新方向:无辅助机器学习的前沿工具

ERN: Intellectual Property (Topic) Pub Date : 2020-05-08 DOI: 10.2139/ssrn.3596233

Florenta Teodoridis, Jino Lu, Jeffrey L. Furman, Jeffrey L. Furman

{"title":"Measuring the Direction of Innovation: Frontier Tools in Unassisted Machine Learning","authors":"Florenta Teodoridis, Jino Lu, Jeffrey L. Furman, Jeffrey L. Furman","doi":"10.2139/ssrn.3596233","DOIUrl":"https://doi.org/10.2139/ssrn.3596233","url":null,"abstract":"Understanding the factors affecting the direction of innovation is a central aim of research in the economics and strategic management of innovation. Progress on this topic has been inhibited by difficulties in measuring the location and movement of innovation in ideas space. To date, most efforts at measuring the direction of innovation rely on curated taxonomies, such as technology classes and keyword approaches, which either adapt slowly or are subject to gaming, and early generations of text analysis, which provide information on the similarity of sets of words, but not on the number of paths or direction of change. Relative to these, recent advances in machine learning offer promising paths forward. In this paper, we introduce and explore a particular approach based on an unassisted machine learning technique, Hierarchical Dirichlet Process (HDP), that flexibly generates categories from a corpus of text and enables calculations of the distance across knowledge categories and movement in ideas space. We apply our algorithm to the corpus of USPTO patent abstracts from the period 2000-2018 and demonstrate that, relative to the USPTO taxonomy of patent classes, our algorithm provides a leading indicator of shift in innovation topics and enables a more precise analysis of movement in ideas space. Working with such measures is important because it enables more accurate estimates of the direction of innovation and, hence, of economic actors’ responses to competitive environments and public policies. We share our algorithm, which can be applied to other innovation text corpora, as well as the patent data and measures we develop, with the aim of facilitating additional inquiries regarding the direction of innovation.","PeriodicalId":125544,"journal":{"name":"ERN: Intellectual Property (Topic)","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127094249","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 4

That's Classified! Inventing a New Patent Taxonomy 这是机密!发明一种新的专利分类

ERN: Intellectual Property (Topic) Pub Date : 2020-05-01 DOI: 10.2139/ssrn.3606142

S. Billington, Alan Hanna

引用次数: 4

Exploring the Nexus between Knowledge Economy and Green Economy 探索知识经济与绿色经济的关系

ERN: Intellectual Property (Topic) Pub Date : 2020-04-12 DOI: 10.2139/ssrn.3574409

Mohammad Hassan

引用次数: 0

Social Innovation and University Intellectual Property: Insights from the UK and Mexico 社会创新与大学知识产权:来自英国和墨西哥的见解

ERN: Intellectual Property (Topic) Pub Date : 2020-04-01 DOI: 10.2139/SSRN.3614430

Ana Georgina Alba Betancourt, Enrico Bonadio, Luke McDonagh

{"title":"Social Innovation and University Intellectual Property: Insights from the UK and Mexico","authors":"Ana Georgina Alba Betancourt, Enrico Bonadio, Luke McDonagh","doi":"10.2139/SSRN.3614430","DOIUrl":"https://doi.org/10.2139/SSRN.3614430","url":null,"abstract":"University intellectual property (IP) policies, and the accompanying strategies for incubation of IP via licensing and spin-outs, have not received much analysis from academic lawyers. Moreover, despite several successful examples of universities in the UK generating income from IP, not much is known about how transferable the UK model is when considered in the light of a middle-income developing economy such as Mexico. \u0000 \u0000In this article we analyse critically some of the key tenets of IP policies at universities in the UK to identify what the key legal principles underpinning university innovation and commercialization are. We consider the potential application of these principles in Mexico, where so far only a limited number of universities have developed IP policies and strategies in line with the incubator model. We explain how universities in Mexico could implement these research findings in their own IP policies. We contend that the mere provision of an IP policy is not a panacea — on its own it is insufficient for ensuring technology transfer and it may even encourage unnecessary patenting. Further investment in infrastructure and in establishing a culture of incubation and entrepreneurship is essential.","PeriodicalId":125544,"journal":{"name":"ERN: Intellectual Property (Topic)","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129096326","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Do Patents Enable Disclosure? Evidence from the Invention Secrecy Act 专利允许信息披露吗?来自发明保密法的证据

ERN: Intellectual Property (Topic) Pub Date : 2020-03-26 DOI: 10.2139/ssrn.3561896

Gaétan de Rassenfosse, Gabriele Pellegrino, Emilio Raiteri

引用次数: 10

Liability Insurance: Equilibrium Contracts under Monopoly and Competition 责任保险:垄断与竞争条件下的均衡契约

ERN: Intellectual Property (Topic) Pub Date : 2020-03-24 DOI: 10.2139/ssrn.3275814

Jorge Lemus, Emil Temnyalov, John L. Turner

引用次数: 2

Position Paper on the Envisaged Reform of the German Patent Act 关于设想的德国专利法改革的立场文件

ERN: Intellectual Property (Topic) Pub Date : 2020-03-10 DOI: 10.2139/ssrn.3592465

Luc Desaunettes-Barbero, Reto M. Hilty, Daria Kim, M. Lamping, Peter R. Slowinski, Hanns Ullrich

{"title":"Position Paper on the Envisaged Reform of the German Patent Act","authors":"Luc Desaunettes-Barbero, Reto M. Hilty, Daria Kim, M. Lamping, Peter R. Slowinski, Hanns Ullrich","doi":"10.2139/ssrn.3592465","DOIUrl":"https://doi.org/10.2139/ssrn.3592465","url":null,"abstract":"This position paper of the Max Planck Institute for Innovation and Competition provides comments on the amendments proposed by the German Ministry of Justice and Consumer Protection in its discussion draft of January 2020 on the modernization and simplification of the German Patent Act. While the Institute generally welcomes the initiative, the paper offers some suggestions aimed at increasing precision in the areas of first, the concept and the implementation of the proportionality test for granting injunctive relief, and, second, the need for enhanced protection of trade secrets in patent disputes.With regard to the proportionality assessment, the Institute suggests that, rather than reducing it to an application of the principle of good faith, the concept of proportionality should be interpreted and applied in light of the ratio legis of patent protection with a view to preventing dysfunctional effects potentially resulting from the exercise of the exclusive right and the associated claim to an injunction. Scenarios involving complex products, non-practicing entities and standard-essential patents are used to illustrate the approach. As regards the weighing and balancing of interests when assessing proportionality, the position paper argues that it is neither desirable nor appropriate to prioritize the interests of the patentee over those of the infringer as a matter of principle. In addition, it is not only the interests of parties to the dispute, but also those of third parties, in particular the public interest, that should be taken into account.With regard to the protection of trade secrets in patent disputes, the position paper refers to certain procedural insufficiencies of the Trade Secrets Act to adequately protect the defendant’s secrecy interests. It also points out a potential loophole in relation to the ‘Dusseldorf proceedings’ that may facilitate ‘fishing expeditions’.","PeriodicalId":125544,"journal":{"name":"ERN: Intellectual Property (Topic)","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122662095","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Market Must Be Defended: The Role of Counter-Espionage Policy in Maximizing Domestic Market Welfare 市场必须捍卫:反间谍政策在国内市场福利最大化中的作用

ERN: Intellectual Property (Topic) Pub Date : 2020-02-05 DOI: 10.2139/ssrn.3532719

Alex Barrachina, Teresa Forner-Carreras

引用次数: 1