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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: 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: 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: Keith Eugene Maskus
Publisher: Peterson Institute
ISBN: 9780881325973
Category : Intellectual property
Languages : en
Pages : 296
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Book Description
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: Chin Lim
Publisher: Cambridge University Press
ISBN: 1107075696
Category : Business & Economics
Languages : en
Pages : 575
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Book Description
This collection explores the theme of fragmentation within international economic law following the global financial crisis.
Author: Susan K. Sell
Publisher: SUNY Press
ISBN: 9780791435755
Category : Law
Languages : en
Pages : 306
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Book Description
The first comprehensive political-science treatment of the global politics and diplomacy of intellectual property and antitrust, with focus on relations between developing and industrialized countries.