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Author: AREZZO EMANUELA
Publisher: Giappichelli
ISBN:
Category : Law
Languages : en
Pages : 0
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Book Description
This book describes undertakings’ tendency today to protect their intangible technical property through a portfolio of patents. Such trend is in part triggered by the very same feature of modern innovation which, being today complex and cumulative, demands for more patents to efficiently protect its inventive trail. At the same time, undertakings have come to realize that the patent portfolio vests its owner with a set of strategic advantages which exceed by far the mere excluding powers conferred by the patents contained therein. The latter circumstance igniting a vicious circle, whereby firms patent more and more. While fully compliant with patent law, portfolios may cause dangerous drawbacks for competing innovators, as the cluster builds up entry barriers sometimes very hard to surpass. This all the more so in the pharmaceutical sector where the portfolios can be successfully implemented against both originators and generic companies, hence threatening the entrance of generic drugs and biosimilars. The book provides for an in-depth analysis of patent law substantive – as well as procedural – provisions allowing to build patent portfolios in the pharmaceutical sector. It then moves to analyze cases where patent portfolios have been implemented to the goal of foreclosing access to competitors, and the different outcomes provided with by patent law and by competition law.
Author: AREZZO EMANUELA
Publisher: Giappichelli
ISBN:
Category : Law
Languages : en
Pages : 0
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Book Description
This book describes undertakings’ tendency today to protect their intangible technical property through a portfolio of patents. Such trend is in part triggered by the very same feature of modern innovation which, being today complex and cumulative, demands for more patents to efficiently protect its inventive trail. At the same time, undertakings have come to realize that the patent portfolio vests its owner with a set of strategic advantages which exceed by far the mere excluding powers conferred by the patents contained therein. The latter circumstance igniting a vicious circle, whereby firms patent more and more. While fully compliant with patent law, portfolios may cause dangerous drawbacks for competing innovators, as the cluster builds up entry barriers sometimes very hard to surpass. This all the more so in the pharmaceutical sector where the portfolios can be successfully implemented against both originators and generic companies, hence threatening the entrance of generic drugs and biosimilars. The book provides for an in-depth analysis of patent law substantive – as well as procedural – provisions allowing to build patent portfolios in the pharmaceutical sector. It then moves to analyze cases where patent portfolios have been implemented to the goal of foreclosing access to competitors, and the different outcomes provided with by patent law and by competition law.
Author: Bengt Domeij
Publisher: BRILL
ISBN: 9004481478
Category : Law
Languages : en
Pages : 365
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Book Description
The pharmaceutical industry and patent legislation are inextricably linked. Pharmaceutical companies could not exist without some guarantee that they can recoup the cost of developing a new product. European patent law offers this opportunity, as it allows companies to exclude competition for a specific product for a fixed time scale. In Pharmaceutical Patents in Europe the current legal patent situation is examined by a detailed analysis of case law from the European Patent Office (EPO), the international body created with the signing of the European Patent Convention (EPC). Aspects of European patent law not primarily regulated in the EPC, for example Supplementary Protection Certificates and infringement matters, are examined in the setting provided by EC law and domestic laws of European states. This book is written for the reader who understands the main characteristics of patent law and is looking for a practitioner's text on the European pharmaceutical patent law scene. Moreover, the author's remarks can help all readers to look at the field with fresh eyes.
Author: Philip W. Grubb
Publisher: Oxford University Press, USA
ISBN:
Category : Business & Economics
Languages : en
Pages : 552
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Book Description
Previous editions, 1st and 2nd, published under titles : 1st (1982) Patents for chemists ; 2nd (1986) Patents in chemistry and biotechnology ; 3rd edition published in 1999.
Author: World Intellectual Property Organization
Publisher: WIPO
ISBN: 9280525298
Category : Law
Languages : en
Pages : 131
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Book Description
These Guidelines are designed both for general users of patent information, as well as for those involved in producing Patent Landscape Reports (PLRs). They provide step-by-step instructions on how to prepare a PLR, as well as background information such as objectives, patent analytics, concepts and frameworks.
Author: Helen Yu
Publisher: Edward Elgar Publishing
ISBN: 1785369377
Category :
Languages : en
Pages : 304
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Book Description
One of the major shortcomings of the current drug discovery and development process is the inability to bridge the gap between early stage discoveries and pre-clinical research in order to advance innovations beyond the discovery phase. This book examines a drug discovery and development model, where the respective expertise of academia and industry are brought together to take promising discoveries through to proof of concept, providing a means to de-risk the drug discovery and development process.
Author: Deborah Healey
Publisher: Edward Elgar Publishing
ISBN: 1785368656
Category : Law
Languages : en
Pages : 576
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Book Description
This comprehensive Handbook illuminates the objectives and economics behind competition law. It takes a global comparative approach to explore competition law and policy in a range of jurisdictions with differing political economies, legal systems and stages of development. A set of expert international contributors examine the operation and enforcement of competition law around the world in order to globalize discussions surrounding the foundational issues of this topic. In doing so, they not only reveal the range of approaches to competition law, but also identify certain basic economic concepts and types of anticompetitive conduct that are at the core of competition law.
Author: Bryan Mercurio
Publisher: Routledge
ISBN: 1317389786
Category : Law
Languages : en
Pages : 271
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Book Description
This collection reflects on contemporary and contentious issues in international rulemaking in regards to pharmaceutical patent law. With chapters from both well-established and rising scholars, the collection contributes to the understanding of the regulatory framework governing pharmaceutical patents as an integrated discipline through the assessment of relevant laws, trends and policy options. Focusing on patent law and related pharmaceutical regulations, the collection addresses the pressing issues governments face in an attempt to resolve policy dilemmas involving competing interests, needs and objectives. The common theme running throughout the collection is the need for policy and law makers to think and act in a systemic manner and to be more reflective and responsive in finding new solutions within and outside the patent system to the long-standing problems as well as emerging challenges
Author: Dominique Guellec
Publisher: Oxford University Press on Demand
ISBN: 019929206X
Category : Business & Economics
Languages : en
Pages : 267
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Book Description
Why does society allow, or even encourage, private appropriation of inventions? When do patents encourage competition, when do they hamper it? These questions and many more are addressed by two eminent scholars in this groundbreaking analysis of the economic foundations of the European patent system.
Author: Oswin Ridderbusch
Publisher: Kluwer Law International B.V.
ISBN: 9403532211
Category : Law
Languages : en
Pages : 898
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Book Description
While supplementary protection certificates (SPCs) are governed by the same substantive rules in all Member States of the European Union and the European Economic Area (EEA), they are national intellectual property rights. The formal requirements and procedural practices of the national patent offices granting SPCs still differ significantly, and these divergences can have a substantial impact on the prosecution of SPCs across Europe. This one-of-a-kind handbook provides an in-depth review of SPC law in Europe, covering all substantive and procedural aspects of prosecution, enforcement and invalidation, as well as SPC-related aspects of unfair competition law. Following an overarching European chapter, which addresses general considerations and the relevant European Union law, including the jurisprudence of the Court of Justice (CJEU) and the EFTA Court, this book contains detailed national chapters for all European states that provide SPCs − i.e., the twenty-seven EU Member States (Austria, Belgium, Bulgaria, Croatia, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, and Sweden), the EEA/EFTA states Norway and Iceland, as well as the United Kingdom, Switzerland/Liechtenstein, Serbia, Bosnia and Herzegovina, Albania, and North Macedonia. The contributors to this book, all seasoned experts in the field of SPCs in their respective jurisdictions, provide clear and hands-on guidance on the most pertinent SPC-related topics of practical and strategic relevance. The considerably expanded second edition of this handbook offers a comprehensive analysis of European SPC law and practice, covering all European states with SPC systems in detailed national chapters. As such, this book provides invaluable assistance to IP practitioners in devising successful pan-European SPC filing and litigation strategies. Its practice-oriented approach, in combination with a country-by-country format where all chapters follow the same structure, makes it easy to compare the national practices and the respective national case law of the different European countries. ‘The present work fills a gap and provides, for the first time, an overview of the SPC practice in the EU Member States, which despite the intended harmonization by the respective EU legislation is still decidedly inconsistent in some areas. Altogether, this successful work, with its streamlined structure and clear language that is immediately comprehensible even to non-native speakers, functions not “only” as a source of information for European attorneys, authorities and courts. It also conveys – perhaps not at all intended by the authors – the unique diversity of this European legal regime, which for many exerts a special fascination. The present Practitioner’s Guide can be recommended without reservation and should not be missing in any specialist library.’ – Jürgen Schell, Judge at the German Federal Patent Court, on the first edition of this book.
Author: Ellen F. M. 't Hoen
Publisher:
ISBN: 9789079700066
Category : Agreement on Trade-Related Aspects of Intellectual Property Rights
Languages : en
Pages : 136
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Book Description
In The Global Politics of Pharmaceutical Monopoly Power, researcher and global advocate Ellen 't Hoen explains how new global rules for pharmaceutical patenting impact access to medicines in the developing world. The book gives an account of the current debates on intellectual property, access to medicines, and medical innovation, and provides historical context that explains how the current system emerged. This book supports major policy changes in the management of pharmaceutical patents and the way medical innovation is financed in order to protect public health and, in particular, promote access to essential medicines for all. The Open Society Institute provided support to translate this report into Russian.
