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Author: Jens Schovsbo
Publisher: Edward Elgar Publishing
ISBN: 1035323575
Category : Law
Languages : en
Pages : 251
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Book Description
The book investigates varying experiences from the pandemic, providing a unique prism for assessing how IP balances competing requirements of innovation and access in times of crisis. Providing novel insight into the underlying principles of IP and how these cope under extreme pressures, Intellectual Property Rights in Times of Crisis will be an ideal read for scholars and students of intellectual property as well as those with an interest in health law and disaster law and health care law.
Author: Jens Schovsbo
Publisher: Edward Elgar Publishing
ISBN: 1035323575
Category : Law
Languages : en
Pages : 251
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Book Description
The book investigates varying experiences from the pandemic, providing a unique prism for assessing how IP balances competing requirements of innovation and access in times of crisis. Providing novel insight into the underlying principles of IP and how these cope under extreme pressures, Intellectual Property Rights in Times of Crisis will be an ideal read for scholars and students of intellectual property as well as those with an interest in health law and disaster law and health care law.
Author: Kim Vu-Dinh
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
This Article argues for certain exceptions to intellectual property liability--particularly regarding patents and copyrights--during times of crisis, especially for those who are volunteers contributing to response efforts. The authors first consider the massive risk of liability associated with the good faith efforts of nonprofits and individuals who are micro-manufacturing personal protective equipment (PPE) and other medical devices during a public health crisis. The Article discusses potential relief options such as compulsory licensing, march-in rights, and Defense Protection Act rights by proxy, and also draws on analogy to tort and real property doctrines including Good Samaritan laws, the doctrine of public necessity as a defense to trespass, and postponement of evictions during COVID-19 in real property to the extent that each may be helpful in fashioning an analogous statutory emergency declaration as to certain forms of intellectual property liability.
Author: Alison Slade
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
The role that intellectual property law has played in the development and delivery of Covid-19 vaccines has attracted a great deal of public attention, policy focus and academic commentary since early 2020. IP rights are simultaneously presented as a key driver of health inequities, as well as central in facilitating unprecedented cooperation in vaccine development. This paper contributes to two interrelated areas of this debate, both of which are central to understanding how IP rights should function in a pandemic context. The first is the role that IP rights play, contractually, in permitting or restricting access to protected technologies and associated knowledge. The second is the reward IP rights ought to hold for their owner when the technological development in question is funded by the state. It addresses these two questions through analysis of the terms and conditions included in the publicly accessible Advanced Purchase Agreements (APAs) concluded by the UK government and EU Commission for the supply of Covid-19 vaccines. We argue that these voluntary contractual arrangements are suitable mechanisms for controlling the exploitation of IP in exceptional circumstances to safeguard the wider public interest. In so doing, we first investigate the nature and scope of the IP and IP related contractual clauses included in the APAs concluded by the UK government and EU Commission. Access to commercially sensitive data is rare and the relative transparency of the Covid-19 purchasing arrangements permits an almost unprecedented opportunity to examine the legal arrangements in depth. We find that the nature and scope of the IP and IP-related contractual clauses included in the APAs concluded by the UK government and EU Commission maintain strong rights in favour of the suppliers, with limited safeguards in favour of states. Secondly, our study breaks new ground by examining the role that IP controls play in these procurement contracts, arguing that IP safeguards are vital, and should be a core part of APAs. Third, we situate our analysis in the context of incentive-based theories of IP rights. APAs are established mechanisms for incentivising research and development in areas where the market-based incentives of IP rights fail to achieve state policy objectives. In this role they act as alternatives to these rights. They also operate to reallocate risk away from the IP owner and on to the state. For both these reasons we conclude that the existing approach to advance purchase agreements is inadequate to address these concerns. We therefore argue that their use justifies restricting IP rights in those agreements beyond the limitations currently provided for in statutory IP regimes. Our work evidences a clear need for change - greater attention to controls over the exercise of IP rights is warranted.
Author: Jorge L. Contreras
Publisher: Edward Elgar Publishing
ISBN: 1785362496
Category : Patent laws and legislation
Languages : en
Pages : 360
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Book Description
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.
Author: Jorge L. Contreras
Publisher: Cambridge University Press
ISBN: 1108835619
Category : Law
Languages : en
Pages : 363
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Book Description
Explains how the tailoring of injunctions in patent law works in Europe, the United States, Canada, and Israel.
Author: Simon Stokes
Publisher: Bloomsbury Publishing
ISBN: 1509934278
Category : Law
Languages : en
Pages : 305
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Book Description
First published in 2001, Art and Copyright has established itself as a leading text in the field. Revised and updated, this third edition includes additional coverage of the following topics: - The relationship between designs law and artistic works; - EU and Brexit developments; - AI-created works; - graffiti and other non-conventional works; - blockchain and rights management; - orphan works; - new exceptions to copyright; and - digital copyright, art databases and online platforms. This book remains an invaluable work for all those involved in art law and for intellectual property lawyers involved with the exploitation and/or sale of artistic works, as well as for intellectual property academics, researchers, law students, curators, publishers, artists, gallery owners, auction houses, and those developing and running online art platforms, databases and technology to transact in art.
Author: George Ulrich
Publisher: Oxford University Press, USA
ISBN: 0198849664
Category : Law
Languages : en
Pages : 369
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Book Description
For some time, the word 'crisis' has been dominating international political discourse. But this is nothing new. Crisis has always been part of the discipline of international law. History indeed shows that international law has developed through reacting to previous experiences of crisis, reflecting an agreement on what it takes to avoid their repetition. However, human society evolves and challenges existing rules, structures, and agreements. International law is confronted with questions as to the suitability of the existing legal framework for new stages of development. Ulrich and Ziemele here bring together an expert group of scholars to address the question of how international law confronts crises today in terms of legal thought, rule-making, and rule-application. The editors have characterized international law and crisis discourse as one of a dialectical nature, and have grouped the articles contained in the volume under four main themes: security, immunities, sustainable development, and philosophical perspectives. Each theme pertains to an area of international law which at the present moment in time is subject to notable challenges and confrontations from developments in human society. The surprising general conclusion which emerges is that, by and large, the international legal system contains concepts, principles, rules, mechanisms and formats for addressing the various developments that may prima facie seem to challenge these very same elements of the system. Their use, however, requires informed policy decisions.
Author: David L. Lange
Publisher: Stanford University Press
ISBN: 0804763275
Category : Law
Languages : en
Pages : 456
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Book Description
The original text of the Constitution grants Congress the power to create a regime of intellectual property protection. The first amendment, however, prohibits Congress from enacting any law that abridges the freedoms of speech and of the press. While many have long noted the tension between these provisions, recent legal and cultural developments have transformed mere tension into conflict. No Law offers a new way to approach these debates. In eloquent and passionate style, Lange and Powell argue that the First Amendment imposes absolute limits upon claims of exclusivity in intellectual property and expression, and strips Congress of the power to restrict personal thought and free expression in the name of intellectual property rights. Though the First Amendment does not repeal the Constitutional intellectual property clause in its entirety, copyright, patent, and trademark law cannot constitutionally license the private commodification of the public domain. The authors claim that while the exclusive rights currently reflected in intellectual property are not in truth needed to encourage intellectual productivity, they develop a compelling solution for how Congress, even within the limits imposed by an absolute First Amendment, can still regulate incentives for intellectual creations. Those interested in the impact copyright doctrines have on freedom of expression in the U.S. and the theoretical and practical aspects of intellectual property law will want to take a closer look at this bracing, resonant work.
Author: World Intellectual Property Organization
Publisher: WIPO
ISBN: 9280532014
Category : Law
Languages : en
Pages : 237
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Book Description
This authoritative report analyzes IP activity around the globe. Drawing on 2019 filing, registration and renewals statistics from national and regional IP offices and WIPO, it covers patents, utility models, trademarks, industrial designs, microorganisms, plant variety protection and geographical indications. The report also draws on survey data and industry sources to give a picture of activity in the publishing industry.
Author: Taina Pihlajarinne
Publisher: Edward Elgar Publishing
ISBN: 1803922745
Category : Law
Languages : en
Pages : 377
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Book Description
The drastic impact of the COVID-19 pandemic highlighted many of society’s systemic inequalities. In this timely and prescient book, Taina Pihlajarinne, Jukka Tapio Mähönen and Pratyush Nath Upreti explore the importance of intellectual property rights (IPRs) post pandemic and argue for a pressing revision of the current IPR system to build a more globally sustainable and just regime.
