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Author: Megan M. La Belle
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Law enforcement in the modern regulatory state is largely a joint enterprise. In areas such as securities, antitrust, civil rights, and environmental law, enforcement responsibilities are allocated between public and private actors. Patent law, on the other hand, is enforced almost exclusively through private lawsuits. Considering patent law's constitutionally-mandated public purpose -- “to promote the Progress of Science and useful Arts” -- this privatization of patent enforcement is troubling. In recent years, there has been some movement away from this purely private enforcement regime for patent law. The Department of Justice and Federal Trade Commission, for example, have involved themselves in certain patent matters that implicate antitrust law. While heading in the right direction, these regulators alone cannot adequately enforce patent law due to their limited jurisdiction, resources, and expertise. This Article thus proposes a more robust public enforcement mechanism for patent law. It argues that Congress should arm the U.S. Patent and Trademark Office (PTO), the agency responsible for reviewing patents ex ante, with broad powers to police patent validity ex post. The PTO is best situated to lead this effort because of the agency's expertise, institutional resources, and enhanced powers under the America Invents Act. Moreover, charging the PTO with the responsibility for policing patents should serve to dispel allegations of agency capture and institutional bias toward patent owners.
Author: Megan M. La Belle
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Law enforcement in the modern regulatory state is largely a joint enterprise. In areas such as securities, antitrust, civil rights, and environmental law, enforcement responsibilities are allocated between public and private actors. Patent law, on the other hand, is enforced almost exclusively through private lawsuits. Considering patent law's constitutionally-mandated public purpose -- “to promote the Progress of Science and useful Arts” -- this privatization of patent enforcement is troubling. In recent years, there has been some movement away from this purely private enforcement regime for patent law. The Department of Justice and Federal Trade Commission, for example, have involved themselves in certain patent matters that implicate antitrust law. While heading in the right direction, these regulators alone cannot adequately enforce patent law due to their limited jurisdiction, resources, and expertise. This Article thus proposes a more robust public enforcement mechanism for patent law. It argues that Congress should arm the U.S. Patent and Trademark Office (PTO), the agency responsible for reviewing patents ex ante, with broad powers to police patent validity ex post. The PTO is best situated to lead this effort because of the agency's expertise, institutional resources, and enhanced powers under the America Invents Act. Moreover, charging the PTO with the responsibility for policing patents should serve to dispel allegations of agency capture and institutional bias toward patent owners.
Author: United States. Advisory Commission on Patent Reform
Publisher:
ISBN:
Category : Law reform
Languages : en
Pages : 234
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Book Description
Author: Canada. Competition Bureau
Publisher: Canadian Government Publishing
ISBN: 9780662652243
Category : Intellectual property
Languages : en
Pages : 58
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Book Description
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: L.T.C. Harms
Publisher: WIPO
ISBN: 9280522493
Category : Law
Languages : en
Pages : 576
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Book Description
With this publication, WIPO and the author aim at making available for judges, lawyers and law enforcement officials a valuable tool for the handling of intellectual property cases. To that effect, the case book uses carefully selected court decisions drawn from various countries with either civil or common law traditions. The extracts from the decisions and accompanying comments illustrate the different areas of intellectual property law, with an emphasis on matters that typically arise in connection with the enforcement of intellectual property rights in civil as well as criminal proceedings.
Author: Giovanni Pitruzzella
Publisher: Kluwer Law International
ISBN: 9789041159274
Category : Antitrust law
Languages : en
Pages : 0
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Book Description
Editors --Contributors --Foreword --Preface --Pharmaceutical Patents and Competition Issues --What Is Going on in National Systems?
Author: John M. Golden
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Commentators have long debated the relative merits of private and public law enforcement. Environmental-law citizen suits, securities-law class actions, and qui tam litigation have been focal points for controversy about how and when to use private-enforcement rights to help implement government policy. U.S. patent law's recently abrogated qui tam provision for false marking has highlighted potential pathologies of private enforcement. Patent law also raises questions of private enforcement through debates over the extent to which third parties, including consumers, should have access to administrative or court proceedings to challenge patent rights. Most fundamentally, patents themselves provide private rights to sue -- i.e., private-enforcement rights -- that government grants to advance a public interest in promoting innovation. Concerns about so-called “patent trolls” or other litigation-focused patentees emphasize the fact that, like another form of “private enforcer” -- historical privateers -- patentees are private parties possessing legal authority to raid others' commerce for the supposed greater good. Thus, in certain respects, viewing patentees as privateers can provide a more useful metaphor than common analogies between patentees and owners of tangible property. Privateers bearing letters of marque and reprisal could, of course, produce public benefits, particularly for governments relatively short on cash. But privateering could also lead to abuse or other behavior not perfectly in line with overall social interests. Analogy with past and present restrictions on citizen suits, qui tam suits, and privateers themselves sheds light on patent law's historical evolution and suggests various forms that restriction or regulation of “patent privateering” might take.
Author: World Intellectual Property Organization
Publisher: WIPO
ISBN: 9280526510
Category : Law
Languages : en
Pages : 44
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Book Description
This Guide aims to assist users in searching for technology information using patent documents, a rich source of technical, legal and business information presented in a generally standardized format and often not reproduced anywhere else. Though the Guide focuses on patent information, many of the search techniques described here can also be applied in searching other non-patent sources of technology information.
Author: Janice M. Mueller
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 424
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Book Description
Finally there is an easy-to-read and easy-to-understand single-volume work covering all aspects of U.S. patent law. In a compact paperback format, this introductory text covers the principle legal doctrines, public policy considerations, and procedures for application and enforcement of patents. Writing at a level appropriate for students with or without a technical background, Janice M. Mueller ( a registered U.S. patent attorney) uses succinct author's explanations and visual aids to clarify the often confusing processes of patent law. The author's explanations are remarkably easy to follow, yet as complete and definitive as those found in textbooks twice this length. An idea accompaniment to patent law casebooks, this streamlined work can also serve as a handy reference guide throughout your students academic and legal careers. A complete introduction to patent law in a compact, illustrated paperback: an exclusive focus on patent law provides complete coverage of the doctrines, procedures, and terminology of patents in a single concise volume, rather than in a broader treatment of intellectual property clear explanations of patent law terminology demystify the often confusing procedures and terminology of patents with clear descriptions, visual aids, and boldfaced terms defined in a glossary an accessible yet definitive presentation covers patent law in language that is readily comprehensible to students with no technical background, yet detailed enough to stand as a self-sufficient legal guide visual aids and sample documents clarify legal concepts and procedures at a glance using flowcharts, diagrams, timelines, schematics of inventions, and a sample patent designed to accompany major casebooks, The book's clear topical organization can also support more general intellectual property courses and function as a handy legal or academic reference
Author: Christophe Geiger
Publisher: Edward Elgar Publishing
ISBN: 9781849801461
Category : Law
Languages : en
Pages : 416
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Book Description
This wide-ranging Research Handbook is the first to offer a stimulating and systematic review of the framework for criminal enforcement of intellectual property rights. If counterfeiting constitutes an ever-growing international phenomenon with major economic and social repercussions, potentially affecting consumer safety and public health, the question of which are the appropriate instruments to enforce IP rights is a complex and sensitive one. Although criminal penalties can constitute strong and effective means of enforcement, serious doubts exist as to whether criminal sanctions are appropriate in every infringement situation. Drawing on legal, economic, historical and judicial perspectives, this book provides a differentiated sector-by-sector approach to the question of enforcement, and draws useful conclusions for future legislative initiatives at European, international and national levels.Offering a broad survey of the field, and a sound platform for further research, this legal and cross-disciplinary study by leading scholars will prove insightful for professors, researchers and students in intellectual property, criminal, competition, consumer protection and health law.
