Compulsory Patent Licensing and Access to Medicines: A Silver Bullet Approach to Public Health? PDF Download
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Author: Van Anh Le
Publisher: Springer Nature
ISBN: 3030841936
Category : Political Science
Languages : en
Pages : 192
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Book Description
This timely monograph focuses on India and Brazil’s use of compulsory licensing, one of the most significant and controversial TRIPS flexibilities. This is a topical work at this critical time when the COVID-19 has stirred up the debate about compulsory licensing and access to medicines. A closer look into the historical use of compulsory licences in certain countries can offer some takeaways for the current situation. The author studies historical developments and political conditions of the patent system and compulsory licensing from the earliest stage to the modern arena, with a great emphasis on TRIPS. After conducting a cross-national study of India and Brazil, the book moves on to evaluate the different philosophies on compulsory licensing of multilateral organizations such as the EU, the WIPO, the WTO, and NGOs. This important book will strongly appeal to intellectual property students, academics, policymakers, and lawyers practicing in the area. It will also be of interest to academics working in the areas of international law, development, and public health as well as state actors and others with relevant concerns working in multilateral organizations.
Author: Van Anh Le
Publisher: Springer Nature
ISBN: 3030841936
Category : Political Science
Languages : en
Pages : 192
Get Book Here
Book Description
This timely monograph focuses on India and Brazil’s use of compulsory licensing, one of the most significant and controversial TRIPS flexibilities. This is a topical work at this critical time when the COVID-19 has stirred up the debate about compulsory licensing and access to medicines. A closer look into the historical use of compulsory licences in certain countries can offer some takeaways for the current situation. The author studies historical developments and political conditions of the patent system and compulsory licensing from the earliest stage to the modern arena, with a great emphasis on TRIPS. After conducting a cross-national study of India and Brazil, the book moves on to evaluate the different philosophies on compulsory licensing of multilateral organizations such as the EU, the WIPO, the WTO, and NGOs. This important book will strongly appeal to intellectual property students, academics, policymakers, and lawyers practicing in the area. It will also be of interest to academics working in the areas of international law, development, and public health as well as state actors and others with relevant concerns working in multilateral organizations.
Author: Mark S. Holmes
Publisher:
ISBN: 9781402420641
Category : License agreements
Languages : en
Pages : 0
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Book Description
Now in the Second Edition, Patent Licensing and Selling: Strategy - Negotiation - Forms has been completely updated and significantly expanded to include additional strategies for successfully monetizing a patent portfolio. Featuring hundreds of sample licensing clauses and provisions, Patent Licensing and Selling, Second Edition shows you how to draft fair and litigation-free patent license and patent purchase agreements that serve your clients' interests, satisfy other parties, and shield clients from legal exposure. The author helps you: -Avoid terms that trigger delays and disputes -Grant exclusive patent licenses and successfully buy or sell a patent portfolio -Retain the right to choose which markets to enter first -Swiftly bring licensed or purchased products to market -Protect against infringement of licensed or purchased patents -Set license duration and termination guidelines -Maintain the confidentiality of agreements It also provides direction on such other mandatory topics in a patent purchase agreement as: -Representations and warranties of both the buyer and the seller, including authority to sell, title to the patents, the validity and enforceability of the patents, any pre-existing licenses or other obligations affecting the patents, and notice of any other legal proceeding that might affect rights to the patents -Purchase price and payment requirements -Taxes -Closing requirements In addition Patent Licensing and Selling, Second Edition includes a complete discussion of the recently decided U.S. Supreme Court case, Bowman v. Monsanto, which held that patent exhaustion does not permit a farmer to reproduce patent-ed seeds through planting and harvesting without the patent holder's permission. Updated at least once a year, Patent Licensing and Selling: Strategy - Negotiation - Forms is a vital handbook for patent practitioners and other intellectual property attorneys, corporate counsel, corporate executives, patent officials, and inventors.
Author: Harold Einhorn
Publisher:
ISBN:
Category : Patent licenses
Languages : en
Pages :
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Book Description
Author: Jorge L. Contreras
Publisher: Cambridge University Press
ISBN: 1316518035
Category : Law
Languages : en
Pages : 951
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Book Description
A comprehensive and practical textbook in the field of intellectual property licensing.
Author: Brian G. Brunsvold
Publisher: BNA Books (Bureau of National Affairs)
ISBN:
Category : Business & Economics
Languages : en
Pages : 492
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Book Description
Write & negotiate stronger patent license agreements, both domestic & foreign. This practical handbook, organized clause by clause with sample text & detailed commentary, is your best tool for eliminating uncertainty & getting what you want in a patent license agreement. The authors identify problematic language & show you how to tailor contract language to accomplish your goals. You get: . valuable insights into the legal & business aspects of every intellectual property contract . analysis of significant legal issues affecting your agreement . discussion of foreign agreements & their unique considerations . almost 200 sample forms including sample license agreements, confidential disclosure agreements, employment agreements, & more--all on disk in WordPerfect for your convenience . table of authorities & index.
Author: Matthew Y. Ma
Publisher: World Scientific
ISBN: 9814452548
Category : Technology & Engineering
Languages : en
Pages : 363
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Book Description
"This comprehensive book is the first of its kind to take scientists and engineers beyond simply getting a patent granted. Through the author's extensive technical background and experience in intellectual property licensing, it ties the many technical, legal and business aspects of patent enforcement to the innovation and patenting stage in the patent value chain, with the objective of helping inventors to create valuable patents that can be capitalized. In easy-to-understand language, this book covers various aspects, including basic concepts of patent laws and rules, innovation protection, patenting, patents post-granting and patent licensing. With over 40 tables, 70 figures, nearly 100 cases and examples, and a comprehensive index table, it serves as a practical handbook for inventors and patent practitioners. This second edition incorporates the latest changes in the America Invents Act (AIA), with additional case studies and illustrations throughout the book. For inventors who want to file patents by themselves, this new edition provides guidelines and step-by-step instructions on preparing and filing a US provisional patent application, while avoiding the pitfalls that commonly occur in do-it-yourself patenting."--
Author: Dennis P. O'Reilley
Publisher:
ISBN: 9781617467400
Category : Patent licenses
Languages : en
Pages : 0
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Book Description
"[This book] illustrates the growing importance of intellectual property transactions to business and the resulting attention such transactions receive in legislative, regulatory, and judicial areas. The new Eighth Edition tracks and discusses-clause by clause-all the critical components of patent and technology license agreements as well as non-disclosure agreements and collaboration agreements. The Eighth Edition also presents a current overview of all legal issues surrounding licensing including, patent exhaustion, antitrust, bankruptcy, Bayh-Dole, and export control. It includes new chapters on the UCC and licensing and on RAND licensing. Sample provisions include references to applicable legal and practical consequences. Major cases covered include Kimble v. Marvel Entertainment LLC; Azure Networks LLC v. CSR PLC; Helferich v. New York Times; STC.UNM v. Intel Corp.; Ericsson Inc. v. D Link Systems Inc.; Jaffe v. Samsung Electronics Co.; Microsoft Corp. v. Motorola Inc.; and FTC v. Actavis Inc."--
Author: Igor Nikolic
Publisher: Bloomsbury Publishing
ISBN: 1509947566
Category : Law
Languages : en
Pages : 319
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Book Description
What is the licensing framework of standard essential patents (SEPs) for connectivity standards such as 5G and Wi-Fi? How will the framework change with the Internet of Things (IoT)? This book provides comprehensive answers to these questions. For over two decades, connectivity standards have been the subject of litigation and controversy around the globe. Now, with the introduction of 5G and the emergence of the world of connected objects, or the IoT, the licensing framework for SEPs is becoming even more contentious. In order to bring clarity to the debate, this book analyses and explains key components of a fair, reasonable and non-discriminatory (FRAND) licence for SEPs; clarifies the economic, policy and market background of SEP disputes; examines the interrelated application of contract, patent and competition laws; and describes the approaches by courts and regulators in the EU, US and the UK. Importantly, the book also assesses how the experience from the smartphone and ICT industries can be applied in a new environment of the IoT, and considers what needs to be changed in the future SEP licensing landscape. The book provides a holistic coverage of SEP licensing issues in an attempt to reduce uncertainty within this highly complex and technical area, and will be useful to practitioners, policy makers, SMEs and large technology companies in the IoT, as well as academics interested in the field.
Author: Alexander I. Poltorak
Publisher: John Wiley & Sons
ISBN: 0471432334
Category : Law
Languages : en
Pages : 246
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Book Description
Full of valuable tips, techniques, illustrative real-world examples, exhibits, and best practices, this handy and concise paperback will help you stay up to date on the newest thinking, strategies, developments, and technologies in licensing intellectual property. Order your copy today!
Author: National Research Council
Publisher: National Academies Press
ISBN: 0309293154
Category : Political Science
Languages : en
Pages : 181
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Book Description
Patent Challenges for Standard-Setting in the Global Economy: Lessons from Information and Communication Technology examines how leading national and multinational standard-setting organizations (SSOs) address patent disclosures, licensing terms, transfers of patent ownership, and other issues that arise in connection with developing technical standards for consumer and other microelectronic products, associated software and components, and communications networks including the Internet. Attempting to balance the interests of patent holders, other participants in standard-setting, standards implementers, and consumers, the report calls on SSOs to develop more explicit policies to avoid patent holdup and royalty-stacking, ensure that licensing commitments carry over to new owners of the patents incorporated in standards, and limit injunctions for infringement of patents with those licensing commitments. The report recommends government measures to increase the transparency of patent ownership and use of standards information to improve patent quality and to reduce conflicts of laws across countries.
