Patently Outdated

Author: Nuno Pires de Carvalho
Publisher:
ISBN: 9789041138903
Format: PDF
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An economy of services largely dominates our world today, but no patent system is available to support it. All signs point increasingly to evidence that in almost all countries--and as enshrined in the TRIPS Agreement--patent rules and procedures are seriou

European Yearbook of International Economic Law 2016

Author: Marc Bungenberg
Publisher: Springer
ISBN: 3319292153
Format: PDF, ePub
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Volume 7 of the EYIEL focusses on critical perspectives of international economic law. Recent protests against free trade agreements such as the Transatlantic Trade and Investment Partnership (TTIP) remind us that international economic law has always been a politically and legally contested field. This volume collects critical contributions on trade, investment, financial and other subfields of international economic law from scholars who have shaped this debate for many years. The critical contributions to this volume are challenged and sometimes rejected by commentators who have been invited to be “critical with the critics”. The result is a unique collection of critical essays accompanied by alternative and competing views on some of the most fundamental topics of international economic law. In its section on regional developments, EYIEL 7 addresses recent megaregional and plurilateral trade and investment agreements and negotiations. Short insights on various aspects of the Transpacific Partnership (TPP) and its sister TTIP are complemented with comments on other developments, including the African Tripartite FTA und the negotiations on a plurilateral Trade in Services Agreement (TiSA). Further sections address recent WTO and investment case law as well as recent developments concerning the IMF, UNCTAD and the WCO. The volume closes with reviews of recent books in international economic law.

The TRIPS Regime of Antitrust and Undisclosed Information

Author: Nuno Pires de Carvalho
Publisher: Kluwer Law International B.V.
ISBN: 9041126430
Format: PDF, Docs
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Intellectual property specialist Nuno Pires de Carvalho focuses on the mechanisms, obligations, and opportunities of trade secret protection under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). With the powerful knowledge base derived from his long experience both at the World Trade Organization (WTO) and the World Intellectual Property Organization (WIPO), he illuminates the crucial relationship of antitrust and industrial property, clearly demonstrating, in contrast to much received wisdom, the intrinsic pro-competitive nature of intellectual property and of industrial property in particular.

Patent Ethics

Author: David Hricik
Publisher: OUP USA
ISBN: 9780195338355
Format: PDF, ePub, Mobi
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Patent Ethics: Prosecution serves as an essential guide to the ethical issues arising in the course of the patent prosecution process. By providing relevant rules and case law, it allows practitioners to identify ethical problems before they arise and to address them most effectively when they do. Patent Ethics: Prosecution is the first of two volumes on patent ethics-the second is on litigation-written by Professor David Hricik and Drinker Biddle partner Mercedes Meyer. This treatise is the first of its kind to combine the United State Patent and Trademark Office (PTO) rules with commentary by the authors, which distills the authors' own experience and expertise in patent prosecution into effective practice strategies.

Intellectual Property Strategy

Author: John Palfrey
Publisher: MIT Press
ISBN: 026229799X
Format: PDF, Docs
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Most managers leave intellectual property issues to the legal department, unaware that an organization's intellectual property can help accomplish a range of management goals, from accessing new markets to improving existing products to generating new revenue streams. In this book, intellectual property expert and Harvard Law School professor John Palfrey offers a short briefing on intellectual property strategy for corporate managers and nonprofit administrators. Palfrey argues for strategies that go beyond the traditional highly restrictive "sword and shield" approach, suggesting that flexibility and creativity are essential to a profitable long-term intellectual property strategy -- especially in an era of changing attitudes about media. Intellectual property, writes Palfrey, should be considered a key strategic asset class. Almost every organization has an intellectual property portfolio of some value and therefore the need for an intellectual property strategy. A brand, for example, is an important form of intellectual property, as is any information managed and produced by an organization. Palfrey identifies the essential areas of intellectual property -- patent, copyright, trademark, and trade secret -- and describes strategic approaches to each in a variety of organizational contexts, based on four basic steps. The most innovative organizations employ multiple intellectual property approaches, depending on the situation, asking hard, context-specific questions. By doing so, they achieve both short- and long-term benefits while positioning themselves for success in the global information economy.

Patent Failure

Author: James Bessen
Publisher: Princeton University Press
ISBN: 9781400828692
Format: PDF
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In recent years, business leaders, policymakers, and inventors have complained to the media and to Congress that today's patent system stifles innovation instead of fostering it. But like the infamous patent on the peanut butter and jelly sandwich, much of the cited evidence about the patent system is pure anecdote--making realistic policy formation difficult. Is the patent system fundamentally broken, or can it be fixed with a few modest reforms? Moving beyond rhetoric, Patent Failure provides the first authoritative and comprehensive look at the economic performance of patents in forty years. James Bessen and Michael Meurer ask whether patents work well as property rights, and, if not, what institutional and legal reforms are necessary to make the patent system more effective. Patent Failure presents a wide range of empirical evidence from history, law, and economics. The book's findings are stark and conclusive. While patents do provide incentives to invest in research, development, and commercialization, for most businesses today, patents fail to provide predictable property rights. Instead, they produce costly disputes and excessive litigation that outweigh positive incentives. Only in some sectors, such as the pharmaceutical industry, do patents act as advertised, with their benefits outweighing the related costs. By showing how the patent system has fallen short in providing predictable legal boundaries, Patent Failure serves as a call for change in institutions and laws. There are no simple solutions, but Bessen and Meurer's reform proposals need to be heard. The health and competitiveness of the nation's economy depend on it.

The TRIPS Regime of Trademarks and Designs

Author: Nuno Pires de Carvalho
Publisher:
ISBN: 9789041150172
Format: PDF, ePub, Mobi
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The Agreement on Trade-Related Aspects of Intellectual Property Rights (the TRIPS Agreement), which constitutes Annex 1C of the Agreement Establishing the World Trade Organization (WTO), is undoubtedly the most comprehensive international agreement on intellectual property protection ever established. This incomparable book, recognized since its first edition as the preeminent work on its subject, thoroughly and expertly examines the intricacies of the TRIPS provisions concerning trademarks and industrial designs.

Patent Your Idea

Author: Ash Tankha
Publisher: AuthorHouse
ISBN: 145201101X
Format: PDF, ePub, Docs
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'Patent Your Idea' is a collaboration of knowledge, experience and strategy on current patent law, drafting of patent applications, filing procedures, prior art searches, prosecution of patent applications, assignments and licensing of patents. The book contains sample patent drafts, responses to patent office actions, assignment/ license formats and strategic advice to an inventor on how to get a patent granted. In this book, the authors share their expert knowledge in meticulously protecting and patenting an idea.

IP and Antitrust

Author: Nuno Pires de Carvalho
Publisher:
ISBN: 9789041160423
Format: PDF, Mobi
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The author presents 80 cases that interpret the various public policies that mould the interface of intellectual property law with competition law (or antitrust). Although most cases are from the United States – which has developed an enormously wide wealth of jurisprudence in this area – the work includes cases from the European Union, the United Kingdom, Australia, Canada, South Africa, Brazil, South Korea, India, and Argentina. 0The cases are organized in three parts. The first contains a number of cases in which courts have looked at the policies that are behind differentiation, and have accordingly set the thresholds and limits to the acquisition of intellectual property. The second looks at abuses of intellectual property in their multifaceted dimensions. The third part focuses on the inherent contradiction between market regulation and the acquisition and use of intellectual property rights.