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Author: Rish Handa
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
This thesis analyses the extraterritorial dimension of patent systems in light of recent judicial trends, ending with the United States Supreme Court's landmark 2007 ruling in AT&T v. Microsoft. The discussion examines (i) the economic interest of nations in issuing and maintaining patent rights; (ii) the legal arguments against a unilateral extraterritorial extension of domestic patents, leading to the legal presumption against extraterritorial extension; (iii) the evolution of this doctrine in United States legislation and jurisprudence and forays against it, especially in recent decades; and (iv) the impact of globalization and of the nature of patentable information in the digital age on the issue of the extraterritorial extension of patent rights. The general conclusions are that, in the modern age, patent rights need to be extended beyond the domestic jurisdiction, and that the appropriate manner for nations to achieve this extension is not unilaterally but through bilateral and multilateral treaties.
Author: Rish Handa
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
This thesis analyses the extraterritorial dimension of patent systems in light of recent judicial trends, ending with the United States Supreme Court's landmark 2007 ruling in AT&T v. Microsoft. The discussion examines (i) the economic interest of nations in issuing and maintaining patent rights; (ii) the legal arguments against a unilateral extraterritorial extension of domestic patents, leading to the legal presumption against extraterritorial extension; (iii) the evolution of this doctrine in United States legislation and jurisprudence and forays against it, especially in recent decades; and (iv) the impact of globalization and of the nature of patentable information in the digital age on the issue of the extraterritorial extension of patent rights. The general conclusions are that, in the modern age, patent rights need to be extended beyond the domestic jurisdiction, and that the appropriate manner for nations to achieve this extension is not unilaterally but through bilateral and multilateral treaties.
Author: National Research Council
Publisher: National Academies Press
ISBN: 0309048338
Category : Political Science
Languages : en
Pages : 457
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Book Description
As technological developments multiply around the globeâ€"even as the patenting of human genes comes under serious discussionâ€"nations, companies, and researchers find themselves in conflict over intellectual property rights (IPRs). Now, an international group of experts presents the first multidisciplinary look at IPRs in an age of explosive growth in science and technology. This thought-provoking volume offers an update on current international IPR negotiations and includes case studies on software, computer chips, optoelectronics, and biotechnologyâ€"areas characterized by high development cost and easy reproducibility. The volume covers these and other issues: Modern economic theory as a basis for approaching international IPRs. U.S. intellectual property practices versus those in Japan, India, the European Community, and the developing and newly industrializing countries. Trends in science and technology and how they affect IPRs. Pros and cons of a uniform international IPRs regime versus a system reflecting national differences.
Author: Timothy R. Holbrook
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Globalization has created increasing pressure on, and erosion of, traditional territorial limits on intellectual property laws. This trend was first seen in trademark and copyright law, but recent decisions have shown the change in patent law as well. Indeed, the Supreme Court is set to review the extraterritorial scope of U.S. law in the case AT&T v. Microsoft. The Federal Circuit's approach to these issues, however, has been inconsistent and lacks a consistent theoretical underpinning. In this paper, I reject both a strict territorial and a broad, effects-based approach to the extraterritorial application of U.S. patent law. Instead, I articulate a balanced approach that would consider not only whether the patent would be infringed under U.S. law but also whether the acts would constitute infringement in the relevant foreign countries. This balanced approach would require courts to transparently address potential conflicts of law and comity concerns, which is currently absent in the Federal Circuit's approach to these issues. The method presented in the Article is a step-by-step process that provides courts with a structured methodology to address and weigh these difficult questions.
Author: Timothy R. Holbrook
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Patents are creatures of national law and are generally viewed as the most territorial of all intellectual property rights. Nevertheless, patent law has long deviated from a rule of strict territoriality. On many dimensions, U.S. patent law takes into account activities occurring outside of the United States.This Article looks at various foreign activities that impact U.S. patents and places them into two categories. The first is foreign activities that can render a U.S. patent invalid or unenforceable. Within this category, the Article explores foreign acts that qualify as prior art, particularly after the America Invents Act removed the territorial limits on invalidating public uses and on sale activity. In particular, the Article notes that these forms of prior art create problems in terms of notice. In particular, for on-sale prior art, there could be an interesting choice of law issue: should U.S. law or the law in which the offer is made control whether the activity qualifies as prior art under U.S. law? The Article posits that U.S. law likely will apply, creating a potential conflict. Also in this category are overseas sales of the patented invention that will exhaust the patent rights, now that the Supreme Court's embraced international patent exhaustion in Impression Products, Inc. v. Lexmark International, Inc.The second category are foreign or transnational acts that trigger patent infringement liability and the remedies. The issue of extraterritoriality and damages is particularly salient after the Supreme Court's decision in WesternGeco LLC v. ION Geophysical Corp. Other examples include extraterritorial protection in cases like Decca v. United States and NTP v. Research in Motion, and Transocean Offshore Deepwater Drilling, Inc. v. Maersk Contractors USA, Inc.Interestingly, only the second category has been treated as truly extraterritorial by the courts and implicating the presumption against extraterritoriality. The territorial principle is treated asymmetrically, with foreign publications and acts impacting the validity and enforceability not being deemed extraterritorial, whereas foreign acts in assessing infringement and liability are. Courts silently have embraced this dichotomy, however, without pausing to consider whether it is appropriate.This Article calls the question of what should count as being extraterritorial in patent law. In particular, it argues that the first category - acts impacting validity and enforceability - perhaps should be viewed as extraterritorial. By allowing these foreign acts to invalidate or render unenforceable U.S. patent, it is likely that patent applicants and owners will alter their behaviors in foreign jurisdictions, potentially to the detriment of those markets. For example, in the exhaustion context, it is possible that patent owners in foreign markets will raise prices, could change the product, or withdraw from the market altogether. These represent more indirect forms of regulation of foreign activity that could be deemed as implicating the presumption against extraterritoriality. The Article explores descriptively whether the first category should be deemed as implicating the presumption against extraterritoriality and then offers some prescriptions of the impact utilization of the presumption could have on these doctrines.
Author: Cedric Ryngaert
Publisher:
ISBN: 0199688516
Category : Law
Languages : en
Pages : 273
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Book Description
This fully updated second edition of Jurisdiction in International Law examines the international law of jurisdiction, focusing on the areas of law where jurisdiction is most contentious: criminal, antitrust, securities, discovery, and international humanitarian and human rights law. Since F.A. Mann's work in the 1980s, no analytical overview has been attempted of this crucial topic in international law: prescribing the admissible geographical reach of a State's laws. This new edition includes new material on personal jurisdiction in the U.S., extraterritorial applications of human rights treaties, discussions on cyberspace, the Morrison case. Jurisdiction in International Law has been updated covering developments in sanction and tax laws, and includes further exploration on transnational tort litigation and universal civil jurisdiction. The need for such an overview has grown more pressing in recent years as the traditional framework of the law of jurisdiction, grounded in the principles of sovereignty and territoriality, has been undermined by piecemeal developments. Antitrust jurisdiction is heading in new directions, influenced by law and economics approaches; new EC rules are reshaping jurisdiction in securities law; the U.S. is arguably overreaching in the field of corporate governance law; and the universality principle has gained ground in European criminal law and U.S. tort law. Such developments have given rise to conflicts over competency that struggle to be resolved within traditional jurisdiction theory. This study proposes an innovative approach that departs from the classical solutions and advocates a general principle of international subsidiary jurisdiction. Under the new proposed rule, States would be entitled, and at times even obliged, to exercise subsidiary jurisdiction over internationally relevant situations in the interest of the international community if the State having primary jurisdiction fails to assume its responsibility.
Author: Malcolm Langford
Publisher: Cambridge University Press
ISBN: 1107012775
Category : Law
Languages : en
Pages : 497
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Book Description
Explores whether states possess extraterritorial obligations under international law to respect and ensure economic, social and cultural rights.
Author: Marta Pertegás Sender
Publisher: Oxford University Press, USA
ISBN: 9780199249695
Category : Law
Languages : en
Pages : 362
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Book Description
This study analyzes to what extent the European rules on jurisdiction (the Brussels Convention and its successors) and the choice of law rules create an adequate framework for consolidation of cross-border disputes in one single action.
Author: Rochelle Cooper Dreyfuss
Publisher: Oxford University Press
ISBN: 0198758456
Category : Law
Languages : en
Pages : 1025
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Book Description
A comprehensive overview of intellectual property law, this handbook will be a vital read for all invested in the field of IP law. Topics include the foundations of IP law; its emergence and development in various jurisdictions; its rules and principles; and current issues arising from the existence and operation of IP law in a political economy.
Author: Laurence R. Helfer
Publisher: Cambridge University Press
ISBN: 1139496913
Category : Law
Languages : en
Pages : 567
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Book Description
This book explores the interface between intellectual property and human rights law and policy. The relationship between these two fields has captured the attention of governments, policymakers, and activist communities in a diverse array of international and domestic political and judicial venues. These actors often raise human rights arguments as counterweights to the expansion of intellectual property in areas including freedom of expression, public health, education, privacy, agriculture, and the rights of indigenous peoples. At the same time, creators and owners of intellectual property are asserting a human rights justification for the expansion of legal protections. This book explores the legal, institutional, and political implications of these competing claims: by offering a framework for exploring the connections and divergences between these subjects; by identifying the pathways along which jurisprudence, policy, and political discourse are likely to evolve; and by serving as an educational resource for scholars, activists, and students.
Author: Robert Howse
Publisher: Taylor & Francis
ISBN: 9780415123686
Category : Business & Economics
Languages : en
Pages : 478
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Book Description
Volume 1 = Historical and conceptual foundations ; Volume 2 = Dispute settlement in the world ; Volume 3 = Administered protection ; Volume 4 = The Uruguay round and beyond.
