Patent Protection for Second Medical Uses

Author: Jochen Buhling
Publisher: Kluwer Law International
ISBN: 9789041182531
Format: PDF, Kindle
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AIPPI Law Series Volume 2 Patent Protection for Second Medical Uses explains the key jurisdictional differences and challenges in protecting and enforcing second medical use (SMU) claims. When a party proposes an SMU for a known substance or compound, special issues of patentability arise as they form an important component of the potential second-line patent protection. Jurisdictions around the world vary significantly in their treatment of such claims. This compendium of contributions from nineteen jurisdictions worldwide is the result of the need for a broader and more detailed exposition in SMU in order to allow comparison between jurisdictions. What's in this book: The authors have been carefully selected based on their experience and in-depth knowledge about medical patents in their respective jurisdictions. Each chapter considers such issues and topics as the following: availability of protection; validity of claims; scope of protection; enforcement; and infringement and investigations of SMU claims. This book provides a detailed country-by-country analysis by focusing on specific issues and national peculiarities that deviate from the European Patent Office (EPO) practice. The analysis starts with the availability of the protection for SMU claims and the legal basis these claims are based upon, and then continues with the scope of protection and infringement of SMU claims. A general chapter about the practice of the EPO addresses in particular the latest changes in the format of SMU claims from the 'Swiss-type claims' to the 'EPC 2000 claims'. How this will help you: This book serves as a guide for filing a patent application by assessing the risks of conflict with existing patents or patent applications thereby enabling practitioners to be prepared for defending against infringement and enforcement procedures concerning SMU claims. As a comparative law study on an important and controversial field, this book is of tremendous practical interest for those involved in the industry. Applicants for pharmaceutical patents, third parties, and interested legal practitioners will benefit greatly from its thorough comparative analysis and guidance.

The TRIPS Agreement Implementation in Brazil

Author: Viviane Yumy Mitsuuchi Kunisawa
Publisher: Nomos Verlag
ISBN: 3845259620
Format: PDF, Mobi
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Diese Studie liefert eine Analyse der brasilianischen Patentrechts, das sich im Einklang mit den Vorgaben des Übereinkommens über handelsbezogene Aspekte der Rechte des geistigen Eigentums (TRIPS) befindet. Der Leser erhält detaillierte Kenntnisse über das brasilianische System der Patente im pharmazeutischen Bereich.

European Intellectual Property Law

Author: Justine Pila
Publisher: Oxford University Press
ISBN: 019872991X
Format: PDF, Docs
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European Intellectual Property Law offers a full account of the main areas of substantive European IP law and a discussion of their wider context and effect. The amount and reach of European law, and decision-making in the field of intellectual property has grown exponentially since the 1960's, making it increasingly difficult to treat European law as an adjunct to domestic intellectual property regimes. European Intellectual Property Law responds to this reality by presenting a clear and detailed account of each of the main areas of substantive EU intellectual property law, situated in the context of both the EU legal system and international IP law, including EU constitutional law, the law of the European Patent Convention 1973/2000, and private international law. It draws selectively on examples from domestic IP regimes to illustrate substantive differences between those regimes and to demonstrate the impact of European law, and decision-making on EU Member States. This unique, thoroughly modern approach goes beyond a discussion of the provisions of European legal instruments to consider their wider context and effect. European Intellectual Property Law is the ideal guide for any student wishing to gain a full and critical understanding of the substantive European law of intellectual property.

Patents and Technological Progress in a Globalized World

Author: Wolrad Prinz zu Waldeck und Pyrmont
Publisher: Springer Science & Business Media
ISBN: 3540887431
Format: PDF
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In the last two decades, accelerating technological progress, increasing economic globalization and the proliferation of international agreements have created new challenges for intellectual property law. In this collection of articles in honor of Professor Joseph Straus, more than 60 scholars and practitioners from the Americas, Asia and Europe provide legal, economic and policy perspectives on these challenges, with a particular focus on the challenges facing the modern patent system. Among the many topics addressed are the rapid development of specific technical fields such as biotechnology, the relationship of exclusive rights and competition, and the application of territorially limited IP laws in cross-border scenarios.

Pharmaceutical Biotechnology and Chemical Inventions

Author: Duncan Bucknell
Publisher: Oxford University Press, USA
ISBN: 0199289018
Format: PDF, ePub, Mobi
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Pharmaceutical, Biotechnology, and Chemical Inventions: World Protection and Exploitation, This book highlights the special issues arising in obtaining, commercializing, enforcing or attacking intellectual property rights (including protection of regulatory data) in the pharmaceutical, biotechnology and chemical industries across the world's key jurisdictions. It is unique in presenting topic matter horizontally by subject to facilitate comparison between country practices. The first two chapters give a general introduction to the differences between the jurisdictions and an overview of some of the key concepts in patent law. The remainder of the book is dedicated to a detailed analysis of the major legal issues arising in these areas of technology. Each component chapter has a comparative introduction, looking at the variances in the laws of different domains, followed by side-by-side analysis of the relevant regimes, including tables and flow-charts which summarize and explain the key legal concepts. The jurisdictions covered are the United States, Europe (UK, Germany, Netherlands, France and Italy), Japan, Canada, Australia, India and China.

Experimental Use and Patents

Author: David Gilat
Publisher: Wiley-VCH
ISBN:
Format: PDF, Mobi
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This text is part of a series that examines industrial property and copyright law. This volume presents a study of the uses of experiments in patent applications.