Intellectual Property Law eJournal最新文献

{"title":"Understanding IP Exclusivity: Excerpt from Own It - The Law & Business Guide to Launching a New Business Through Innovation, Exclusivity and Relevance","authors":"Jon M. Garon","doi":"10.2139/ssrn.1467719","DOIUrl":"https://doi.org/10.2139/ssrn.1467719","url":null,"abstract":"Own It focuses on the legal and business attributes of exclusivity and relevance to educate entrepreneurs how best to build market share and maximize profitability. Discussions on relevance and innovation focus on how to identify the opportunities for changes in processes and markets. Illustrations contrast the market relevance of a patented medicine for a medical patient from the “social relevance” of a Barbie Doll for a child. Because the relationship between the entrepreneur and investor is critical to success, the paper also explores financing options and suggests how to align the interests of investors and employees with those of the entrepreneurs.","PeriodicalId":281709,"journal":{"name":"Intellectual Property Law eJournal","volume":"81 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2009-09-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115441058","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}

{"title":"Responding to Global Constraints and Opportunities: Access to Medicines and the Impact of Intellectual Property and Competition Rules in Post-Apartheid South Africa","authors":"H. Klug","doi":"10.2139/SSRN.1462387","DOIUrl":"https://doi.org/10.2139/SSRN.1462387","url":null,"abstract":"This article explores how institutional changes within a state are shaped by a mixture of events, opportunities and constraints, from both within and from across the country's geographical boundaries. Focusing on the interaction between different policy demands and imperatives: from demands for medical care to the promotion of economic competition and the need to implement international trade commitments, including specific levels of intellectual property protection. Within the context of South Africa's democratic transition and HIV/AIDS pandemic, I argue that despite a strong commitment to change, to address the legacies of apartheid, and the relative strength and political will of the dominant political party, the African National Congress, the transformation of the state was significantly framed by the global environment in which the state found itself. As the state responded to a range of shifting opportunities and constraints, whether real or perceived, so impetus was given to different policies and competing political and economic factions enabling particular institutions and rules to be embraced, created, reshaped or simply foregone.","PeriodicalId":281709,"journal":{"name":"Intellectual Property Law eJournal","volume":"90 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2009-08-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126437804","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}

{"title":"Remarks: 'One Size Fits All': Consolidation and Difference in Intellectual Property Law","authors":"Graeme Dinwoodie","doi":"10.4337/9780857931542.00008","DOIUrl":"https://doi.org/10.4337/9780857931542.00008","url":null,"abstract":"These remarks to the 2008 ATRIP Annual Conference addressed the question of whether “one size fits all” in intellectual property law. Are there sufficient commonalities among the component parts of the field that we could realistically construct a unitary body of intellectual property law? I first set out the different inquiries that might be subsumed by the question of whether “one size fits all” in intellectual property law, focusing on the possibility of a single form of intellectual property, common treatment of different subject matter within regimes, and uniform intellectual property laws across borders. Focusing on this last aspect of the question, I note that the backwards-looking aspect of the classical international system, which tended to favor national autonomy and keep internationally-mandated levels of protection low, has been somewhat disrupted of late. Although it remains the case that one size does not fit all, there is much to be gained by seeking greater commonality. But if the focus of the current international system requires greater commonality - greater attention to a one size fits all approach on certain issues - it does so both with respect to the rights conferred on IP right holders and with respect to the new rights that might potentially be conferred on users.","PeriodicalId":281709,"journal":{"name":"Intellectual Property Law eJournal","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2009-08-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133596541","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}

{"title":"Brief Amici Curiae of 20 Law and Business Professors in Support of Neither Party in Bilski v. Doll","authors":"Mark A. Lemley, M. Risch, Ted Sichelman, R. P. Wagner","doi":"10.2139/SSRN.1485043","DOIUrl":"https://doi.org/10.2139/SSRN.1485043","url":null,"abstract":"The patent statutes were wisely drafted with an expansive vision of patentable subject matter. Efforts to graft judicially created limitations onto that expansive scope in the past have proven fruitless and indeed counterproductive. In deciding Bilski v. Doll, the Supreme Court should not impose a requirement that patentable inventions require a machine or the physical transformation of some material. It should instead maintain the rule that patents are available for \"anything under the sun made by man,\" including discoveries of ideas, laws of nature, or natural phenomena, so long as they are implemented in a practical application. In short, the test should be as it has been: where an idea is claimed as applied, it is eligible for patentability, but if it is claimed merely in the abstract it is not.","PeriodicalId":281709,"journal":{"name":"Intellectual Property Law eJournal","volume":"78 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2009-08-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126161344","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}

{"title":"Congestion Pricing for Patent Applications","authors":"Alan C. Marco, J. Prieger","doi":"10.2139/ssrn.1443470","DOIUrl":"https://doi.org/10.2139/ssrn.1443470","url":null,"abstract":"In recent years a great deal of attention has been paid to patent reform. This debate is exemplified by recent popular publications (Jaffe and Lerner, 2004; Bessen and Meurer, 2008), as well as publicized patent litigation such as the NTP v. Research-in-Motion patent litigation (the Blackberry patents). At the same time, scholars point to the over-burdened patent offices, the growth in patent applications, and the proliferation of low-quality or overlapping patents. In this paper, we take a novel approach to dealing with the flood of applications at the patenting authorities in the US and Europe and the resulting delay and issuance of low quality patents. We explore the magnitude of the congestion externality and seek to determine the optimal balance of the direct costs of applying for a patent with the indirect cost caused by regulatory delay. Our proposed theoretical and empirical framework enable explicit measurement of the cost of delay and the implications of changing patent application fees. The results have implications for a variety of policy questions involving optimal fees, patent quality, and competition policy. We include in this submission a basic theoretical model that can be extended to examine a number of policy implications, including the relationship between examination time and patent quality. We also describe an empirical approach that enables quantification of the cost of delay. Both the model and the empirical work enable us to discuss additional policy questions such as the importance of application versus renewal fees, the consequence of the self-funding constraint on patent offices, and the impact of higher quality patents on rent-seeking activities. Preliminary results show that the patent office revenue maximizing fee exceeds the optimal fee for patent holders, but that the optimal fee for patent holders is positive.This research benefited from a Tilburg Law and Economics Center (TILEC) IIPC grant.","PeriodicalId":281709,"journal":{"name":"Intellectual Property Law eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2009-08-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130032446","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}

{"title":"Proprietary Interests and Collaboration in Stem Cell Science: Avoiding Anticommons, Countering Canalyzation","authors":"M. Herder","doi":"10.2139/ssrn.1437690","DOIUrl":"https://doi.org/10.2139/ssrn.1437690","url":null,"abstract":"In this chapter I explore how proprietary interests and commercialization norms can impede collaboration in stem cell science. I begin by outlining three layers of property in stem cell science—stem cell data, stem cell materials, and stem cell patenting—and explain how they are intertwined in practice. I then present two stem cell research initiatives, the Cancer Stem Cell Consortium (CSCC) and Stem Cells for Safer Medicines (SC4SM). Using two conceptual frames, the “tragedy of the anticommons” and “patent canalyzation,” I analyze the extent to which the CSCC and SC4SM appear to address proprietary or commercialization-related impediments to collaboration. Whereas the anticommons frame, and empirical methodologies it has spawned to date, tends to capture costs imposed upon the scientific fields as a whole, patent canalyzation focuses on the individual scientist, hypothesizing that patenting and other commercialization behaviours may (re)constitute the scientific self. The chapter concludes by highlighting three intellectual property-related best practices intended to facilitate collaboration in stem cell science.","PeriodicalId":281709,"journal":{"name":"Intellectual Property Law eJournal","volume":"36 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2009-07-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128741498","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}

{"title":"Piracy, Creativity and Infrastructure: Rethinking Access to Culture","authors":"Lawrence Liang","doi":"10.2139/SSRN.1436229","DOIUrl":"https://doi.org/10.2139/SSRN.1436229","url":null,"abstract":"This paper raises a series of questions on the relationship between piracy, infrastructure and access to culture. Piracy has always posed a representational problem within contemporary discourses on law, public good and creativity. Piracy seems to allegorize an impure transgression, tainted by commerce and an inability to produce a discourse on itself. Pirate production of commodities and media objects fits neither a narrative of resistance nor normative critique, nor does piracy seem to fit received models of creativity or innovation. Piracy produces a series of anxieties: from states, transnational capital, and media industries and even within some liberal proponents of the public domain. The paper reframes the problem of the pirate through an examination of the content/ infrastructure binary, and questions existing assumptions about creativity, subjectivity and transformation, commodification and social life.","PeriodicalId":281709,"journal":{"name":"Intellectual Property Law eJournal","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2009-07-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133183308","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}

{"title":"Patent Amendment Act 2005: Its Effect on Indian Pharmaceutical Company","authors":"Prantik Garai","doi":"10.2139/ssrn.1435186","DOIUrl":"https://doi.org/10.2139/ssrn.1435186","url":null,"abstract":"India has a history of the patent acts starting form 1911. All happened was pre independence. The Patent Act, 1970 was the first patent act to the independent India. It had provision for only process patent but did not have any provision for product patent. Therefore the process could have been patented but not the end product which gave rise to the concept of reverse mechanism. Absence of product patent helped the Indian pharmaceutical industries to use this at their advantage and find out a drug of same specification by a different method. This helped the Indian Pharmaceutical industries to flourish. After India signed the TRIPS it was obliged to amend the patent act and introduce the product patent. The researcher in the article discusses how the signing of the TRIPS was detrimental to the interest of the Indian Pharmaceutical Industries and its effect on the Indian Economy. The researcher in his paper would also deal in details the amendment of the patent act and its pros and corns.","PeriodicalId":281709,"journal":{"name":"Intellectual Property Law eJournal","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2009-07-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115279217","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}

{"title":"Creativity Without Copyright: Anarchist Publishers and Their Approaches to Copyright Protection","authors":"Debora J. Halbert","doi":"10.2139/SSRN.1434707","DOIUrl":"https://doi.org/10.2139/SSRN.1434707","url":null,"abstract":"This paper offers an analysis of the intersection between anarchism and copyright law by drawing on interviews with publishers working for anarchist and radical presses operating in the United States. Given the ideological commitment of anarchists to a critique of property rights within a capitalist system, it can be hypothesized that anarchist publishers would be less likely to endorse a system of copyright than mainstream book publishers. However, anarchist publishers operate within a capitalist system and must theorize their use (or lack of use) of copyright within a framework unsuited for their ultimate goals. Ultimately, anarchist publishers offer an opportunity to investigate the theory and practice of anarchism as it is confronted by a capitalist system of property protection – copyright law.","PeriodicalId":281709,"journal":{"name":"Intellectual Property Law eJournal","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2009-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117197479","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}

{"title":"Patenting Trends and Innovation in Industrial Biotechnology","authors":"Katherine Linton, Jeremy K. Wise, Philip Stone","doi":"10.2139/ssrn.1302904","DOIUrl":"https://doi.org/10.2139/ssrn.1302904","url":null,"abstract":"This study provides a profile of innovation in industrial biotechnology, an emerging field characterized by the use of enzymes, micro-organisms, and other biocatalysts to create new products. Industrial biotechnology is used to make biofuels, chemicals, and other products in more sustainable and environmentally friendly ways by, for example, enabling the use of renewable resources rather than petroleum-based products, eliminating harmful byproducts created by conventional chemical processes, reducing energy requirements and greenhouse gas emissions, and/or lowering manufacturing costs. Because of these positive attributes, the demand for industrial biotechnology products and processes is increasing. This study uses patent data, survey results, and technology and firm level data from emerging sectors of industrial biotechnology to provide a detailed picture of innovation in the field. It builds on a recent report of the U.S. International Trade Commission (Commission or USITC) on the development and adoption of industrial biotechnology by the U.S. chemical and biofuel industries. Although patents have been shown to facilitate the movement of new products and processes from research and development (R&D) to commercialization, the literature has raised the question of whether too much patenting stifles innovation. This can occur, for example, when firms amass huge patent portfolios or when there are a very large number of patents in a narrow technology area, making it difficult for companies entering the market to find patentable space. Evidence considered in this study suggests that patents are not stifling innovation in industrial biotechnology. A diverse group of firms, large and small, is developing new patented products and processes, and new players are steadily entering the field. Strategic alliances between and among firms, the government, and universities also are prevalent. Moreover, as noted in the Commission’s recent report, firms surveyed in the biofuel and chemical industries state that patent barriers are not creating a substantial impediment to the R&D or commercialization of their products and processes. These data suggest that patents are facilitating innovation in industrial biotechnology. These findings are consistent with those from broader studies of clean energy technologies which generally find that patent rights do not appear to be thwarting firms in developing countries like China and India from accessing and improving new technologies. No single firm or country dominates the market for particular renewable energy technologies; to the contrary, there is a relatively low degree of market concentration with new entrants joining the field on a regular basis. An emerging literature suggests that the patent system is working to facilitate innovation and the transfer of technology between firms in new technology fields.","PeriodicalId":281709,"journal":{"name":"Intellectual Property Law eJournal","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2009-07-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132399407","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}