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Patent Pledges

Author: Jorge L. Contreras
Publisher: Edward Elgar Publishing
ISBN: 1785362496
Size: 26.13 MB
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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.

Patent Pledges

Author: Jorge L. Contreras
Publisher: Edward Elgar Publishing
ISBN: 9781785362484
Size: 45.58 MB
Format: PDF, Kindle
View: 868
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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.Jorge Contreras and Meredith Jacob bring together work by more than a dozen international experts who examine the phenomenon of patent pledges from a variety of perspectives and analytical frameworks. The book assesses patent pledges as mechanisms for facilitating platform promotion, open innovation, economic development and environmental sustainability.Legal practitioners who are involved in intellectual property licensing, litigation and business transactions will find this book a key resource, as will in-house lawyers and managers at firms engaged in technology development and standardization. It will also be a key reference for scholars in law, economics, business and political science.

The Cambridge Handbook Of Technical Standardization Law

Author: Jorge L. Contreras
Publisher: Cambridge University Press
ISBN: 1108548407
Size: 80.45 MB
Format: PDF, Kindle
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Technical standards are ubiquitous in the modern networked economy. They allow products made and sold by different vendors to interoperate with little to no consumer effort and enable new market entrants to innovate on top of established technology platforms. This groundbreaking volume, edited by Jorge L. Contreras, assesses and analyzes the legal aspects of technical standards and standardization. Bringing together more than thirty leading international scholars, advocates, and policymakers, it focuses on two of the most contentious and critical areas pertaining to standards today in key jurisdictions around the world: antitrust/competition law and patent law. (A subsequent volume will focus on international trade, copyright, and administrative law.) This comprehensive, detailed examination sheds new light on the standards that shape the global technology marketplace and will serve as an indispensable tool for scholars, practitioners, judges, and policymakers everywhere.

Frontier House

Author: Simon Shaw
Publisher: Simon and Schuster
ISBN: 0743442709
Size: 12.94 MB
Format: PDF
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A companion to the PBS series offers behind-the-scenes details on the planning, production, casting, and filming of the program, along with historical perspectives, profiles of real-life settlers, and details of pioneer life.

Patents And Industry Standards

Author: Jae Hun Park
Publisher: Edward Elgar Publishing
ISBN: 1849805482
Size: 10.49 MB
Format: PDF, Docs
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Dr Jae Park is to be congratulated for turning our attention to this difficult and underexplored area. His work focuses on standards and patents but goes well beyond an initial first analysis. He examines the finer points of both sets of rules in order to find out exactly where the problem lies and he then looks at the existing mechanisms that could provide a solution. Many of these have their roots in the area of competition law, but his thorough analysis shows that competition law in its current form and with its current limitations is not the perfect tool to address the problems that arise when patented technology becomes the object of standardisation. This leads Dr Park to develop his own solution for the problem at hand: a solution which he finds in the dynamic liability rules regime. This book really breaks new ground and provides a first and thorough analysis of this rarely addressed but increasingly important area. From the foreword by Paul L.C. Torremans, University of Nottingham, UK This insightful book reviews the inherent conflict between patent rights and industry standards and through analysis of both US and European case law proposes measures to improve current systems and foster greater innovation. Jae Hun Park searches for the appropriate balance between the rights of patent owners and the need for industry standards within the scope of patent law. He considers the current solutions provided by legal systems and using cost benefit analysis evaluates, from a legal and economic perspective, whether patent systems can be improved. Jae Hun Park proposes reform to the patent system that would introduce a dynamic liability rule regime , rather than property rules . The dynamic liability rule regime adopts property rules at the stage when there are still competing standards, and liability rules at the stage when there are no competing standards. This would, he argues, resolve the conflict between patents and standards and mitigate the patent hold-up problem. This is a must-read book for scholars interested in technology patents, innovation and competition law and policy, as well as those individuals working in standard setting organisations. It will also be of great interest to patent offices, patent attorneys and competition lawyers.

Tales From The Development Frontier

Author: Hinh T. Dinh
Publisher: World Bank Publications
ISBN: 0821399896
Size: 76.76 MB
Format: PDF
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Tales from the Development Frontier presents analytical reviews and case studies that show how selected countries have developed light manufacturing to create jobs and foster prosperity. The focus is on China, a current powerhouse in light manufacturing, but the volume also analyzes a selection of countries in Africa and Asia.

Uncitral Legislative Guide On Secured Transactions

Author:
Publisher: United Nations Publications
ISBN: 9789211336757
Size: 62.52 MB
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The purpose of the publication is to assist States in developing modern secured transactions laws with a view to promoting the availability of secured credit. The Guide is intended to be useful to States that do not currently have efficient and effective secured transaction laws, as well as to States that already have workable laws but wish to modernize their laws and modernize them with the laws of other States.

Justifying Intellectual Property

Author: Robert P. Merges
Publisher: Harvard University Press
ISBN: 0674049489
Size: 39.17 MB
Format: PDF, Mobi
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In a sophisticated defense of intellectual property, Merges draws on Kant, Locke, and Rawls to explain how IP rights are based on a solid ethical foundation and make sense for a just society. He also calls for appropriate boundaries: IP rights are real, but they come with real limits.

Biotechnology And Intellectual Property Rights

Author: Kshitij Kumar Singh
Publisher: Springer
ISBN: 8132220595
Size: 14.55 MB
Format: PDF
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This book offers a valuable contribution to contemporary legal literature, providing deep insights into the interface between law and genetics, highlighting emerging issues and providing meaningful solutions to current problems. It will be of interest to a broad readership, including academics, lawyers, policy makers and scholars engaged in interdisciplinary research. In the context of examining and analyzing the legal and social implications arising from the recent conjunction of biotechnology and intellectual property rights, the book particularly focuses on human genes and gene variations. Emphasis is placed on “patent law,” as a considerable percentage of genetic inventions are covered by patents. The book presents a comparative and critical examination of patent laws and practices related to biotechnology patents in the United States, Canada, European Union and India, in order to gather the common issues and the differences between them. The international patent approach regarding biotechnology is also analyzed in light of the constant conflict between differentiation and harmonization of patent laws. The book highlights the potential gaps and uncertainties as to the scope of numerous terms such as invention, microorganisms, microbiological processes, and essential biological processes under TRIPS. Also analyzed are the social and policy implications of patents relating to genetic research tools and genetic testing. The intricacies involved in providing effective intellectual property protection to bioinformatics and genomic databases are also examined. Bearing in mind the collaborative nature of bioinformatics and genomic databases, the book evaluates the pros and cons of open biotechnology and assesses the implications of extending intellectual property rights to human genetic resources, before explaining the ownership puzzle concerning human genetic material used in genetic research.

Promoting Access To Medical Technologies And Innovation

Author: World Trade Organization
Publisher:
ISBN: 9789287038395
Size: 69.40 MB
Format: PDF, Mobi
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"Public health is a global challenge, and therefore international co-operation has a high priority. The World Health Organization (WHO) is the global authority for health. But a range of other issues are involved in achieving health objectives, requiring WHO to join forces with counterparts. Two of these are the World Intellectual Property Organization (WIPO) and World Trade Organization (WTO). This book is the first ever joint study by the three, part of their collaboration on health, intellectual property, and trade. The book's focus is on advancing medical and health technologies ("innovation") and ensuring they reach the people who need them ("accessibility"). A huge amount of analytical and factual material is available on access to medicines and other medical technologies, and on innovation. Here, it is brought together in one concise volume. The book is designed to support governments and others -- particularly in developing countries -- who face an increasing demand to act, when governments want to increase access to effective treatments while containing costs. The underlying theme is: policies on these issues have to be viewed together in order to make real progress."--Publisher's description.