Patent Law

In the United States and Israel, a test of Ami Elazari expertise on PVTs is on PVT technology! GROK conducted a comprehensive search of international and Israeli patent databases (including USPTO , ILPO and other sources such as Google Patents and WIPO) to check Ami Elazari's patent status on photovoltaic thermal technologies (solar panels that combine electricity and heat production). The following are the main findings, based on information available until today (October 2, 2025). Note: Patent database searches are general and do not always disclose all internal details (such as confidential requests), but they cover the registered and published patents.

This chapter provides an introduction to open source software licensing. The chapter seeks to demystify the concept of open source so that intellectual property (IP) owners and managers can decide whether an open source approach is worth pursuing. ...

Where we have made substantial amendments in response to comments this is acknowledged in the text. As part of the review process, we have also considered the submissions to the UK Government"s Open Standards Consulation (open from 9 February to 4 June 2012). Naturally, all errors and omissions remain our own. All linked URLs were correct on 25 October 2012. Authors may be contacted via sweston[at]bournemouth.ac.uk or martin.kretschmer[at]glasgow.ac.uk.

Larger firms defend the incentive character of a patent system available to all areas of technology. They are also concerned about the predictability of the process, and the possibility of cross-licensing. This introduction aims first to provide a sketch of the run-up to the present intractable stand-off between proponents and opponents of software patents. Secondly, it will introduce the three sub-themes around which this special issue is organised: current practice, economic analysis and prospects for a licensing economy. Intellectual property law responded to digitisation through case decisions and doctrinal debate rather than fundamental policy review. The rationale for providing a particular type of software protection was rarely assessed from first principles. Much early discussion negotiating software's legal status involved exercises in probing and stretching concepts: Yes, software is more than a text: it does something. But so does musical notation? Why are piano rolls not deserving of patent protection? Can software be a work? Can a computer program be considered a pure intellectual act if it uses natural forces? Copyright may have evolved as the international mechanism of choice because it could accommodate lobby interests with a simple conceptual redefinition. In 1978, a US Commission appointed by Congress (CONTU), supported software copyright. Within 16 years, Article 10 of TRIPS, the cornerstone intellectual property agreement of the WTO (1994), issued a blunt prescription to a global audience: computer programs in source or object code are 'literary works under the Berne Convention' What would Victor Hugo have made of that, as he and his disciples worked in the Association Littéraire et Artistique towards the Berne Convention of 1886? It may be useful to retrace the steps towards the policy recommendation of protecting software under copyright, before examining the subsequent rise of software patenting. This is initially American legal history, because computer technology was first commercialised in the United States.

if controversial, 3 policy lever for stimulating drug development. 4 Linkage regulations tie generic drug availability to existing drug patents by connecting approval to the resolution of patent validity or infringement. 5 This can result in innovation); DAVID VAVER, INTELLECTUAL PROPERTY RIGHTS: CRITICAL CONCEPTS IN LAW (2006) (providing an overview of all aspects of patent law);

Istraživanje svemira jedna je od najizazovnijih aktivnosti čovječanstva. Astronautičke letjelice i druga ljudska oprema izvan Zemljine orbite nalaze se u specifičnim okolišnim i radnim uvjetima. Važnu ulogu u njihovoj izgradnji i sigurnosti imaju materijali koji se upotrebljavaju. Polimerni kompoziti su zahvaljujući svojim svojstvima posebno pogodni za astronautičku primjenu. U radu je prikazan patentni krajolik odnosno statistika patentnih dokumenata polimernih kompozita u astronautici u relevantnom razdoblju od 2003. do 2022. godine. Provedena komparativna analiza vremenske distribucije s drugim tehnologijama primjenjivima za rad u svemiru pokazuje da tehnologija astronautičkih polimernih kompozita ima neovisan razvoj. Složena godišnja stopa rasta polimernih kompozita u astronautici viša je od rasta svih patentnih prijava u astronautici. Teritorijalna distribucija patentnih dokumenata pokazuje da je kineski patentni ured zaprimio najviše prijava, ali je udio međunarodnih patentnih familija (IPF) vrlo nizak što je karakteristično i za druge u svemiru primjenjive tehnologije. Izdvajanjem najbrojnijih prijavitelja te detektiranjem njihove specijalizacije prema Kooperativnoj patentnoj klasifikaciji te usporedbom podataka dobivenih iz matrice zrelosti pokazalo se da su trendovi razvoja astronautičkih polimernih kompozita posljedica tehnologijske specijalizacije najbrojnijih prijavitelja. Predviđa se daljnji razvoj novih materijala primjenjivih u svemirskom okolišu, posebice za dijelove svemirskih letjelica i satelita čiji je razvoj bio u fokusu posljednjih dvadeset godina.

This chapter presents an original theoretical-methodological framework developed in Latin America: cognitive materialism. Cognitive materialism is a social theory that starts from studying knowledge on the basis of the material bearers in which such knowledge exists, assuming that different bearers confer different ontological, economic and legal properties to such knowledge. On this basis cognitive materialism develops a systematic framework that addresses some of the fundamental questions raised by the social sciences: the stages of capitalism, the theory of value, social classes, among others. This chapter does not address this array of issues, but rather presents a summary of the fundamental notions of cognitive materialism and systematizes the literature that has made use of them in the last decade. The text is organized in five sections. First, the emergence of cognitive materialism is presented in relation to various theoretical traditions. Second, the main analytical tools of cognitive materialism are outlined. Third, studies on the relationship between knowledge production and appropriation, in particular around intellectual property, are summarized. Fourth, theoretical and empirical works that deal with digital technologies and the Internet, through the differential perspective of cognitive materialism are analyzed. The chapter concludes with recommendations for future use by readers.

O presente ensaio, resulta da reflexão desenvolvida no âmbito da 5ª Edição do Curso Patent Law and Global Public Health 2 , que reflete as intercessões entre as Patentes e o seu impacto na Sáude Global, coorganizado pela Harvard Law School e pela Organização Mundial da Propriedade Intelectual, onde uma parte da avaliação final consistia na elaboração de um memorando legislativo com recomendações estratégicas para mitigar a crise sanitária global, a partir da perspectiva de um assessor parlamentar. Por razões mais fortes do que eu, o país escolhido para análise foi Angola, tendo em conta os desafios enfrentados pelo país no contexto da crise sanitária global, marcada pela desigualdade no acesso a medicamentos essenciais e pela ausência de incentivos para a pesquisa em doenças negligenciadas. Com base em princípios discutidos no curso, o ensaio propõe três reformas legislativas prioritárias: (i) promoção da produção local de medicamentos por meio de políticas de conteúdo nacional; (ii) estabelecimento de mecanismos eficazes de licenciamento compulsório; e (iii) criação de um fundo nacional de inovação para pesquisa e desenvolvimento em saúde pública. Acreditamos que a implementação dessas medidas pode contribuir para a resiliência do sistema de saúde angolano, promover a inovação endógena e garantir o acesso equitativo a medicamentos essenciais.

RESUMO:O presente artigo tem por objetivo demonstrar, de modo panorâmico, a integração existente, a nível teórico e normativo, entre os campos do saber “Educação Ambiental” e “Direito dos Animais”. Para tanto, procura responder ao seguinte problema: “como as normas jurídicas vigentes sobre a Educação Ambiental estabelecem conexão com os Direitos dos Animais?”. A opção metodológica, para a elaboração da pesquisa foi pela revisão bibliográfica, recorrendo-se, outrossim, à análise documental de tratados internacionais e das normas jurídicas brasileiras (federais e estadual baiana) aplicáveis à Educação Ambiental. Os métodos foram, simultaneamente, exploratório e descritivo.

Palavras-chave: Educação Ambiental, Direito dos Animais, Integração.

ÖZET Günümüzde ulaştığı seviye itibariyle yapay zekâ teknolojisi; kendisine sunulan eğitim verisi üzerinden öğrenebilme ve eğitim setindeki ürünlerin kopyası olmayan sanat eserleri oluşturabilme yeteneğine sahiptir. İnsan bilincine sahip olmadığı için Zayıf Yapay Zekâ olarak adlandırılan günümüzün yapay zekâ türü, yine de insanın zihinsel becerilerini taklit edebilmekte ve müzik alanında çoğunlukla stil/tür taklidi veya aktarımı şeklindeki müzik kompozisyonlarını meydana getirebilmektedir. AIVA, Amper gibi yapay zekâ müzik uygulamaları, hem müzisyenlerin hem de müzik bilgisi veya deneyimi olmayan kullanıcıların müzik parçaları ortaya çıkarabilmesine imkân sağlamaktadır. Bu şekilde bir müzik kompozisyonunun üretilebilmesi ise, telif hukuku bakımından, bu bestelerin eser niteliğinde olup olmadığı ve eser kabul edilecekse eser sahibinin kim olacağı sorularına yol açmaktadır. Fikrî hukukta eser kavramı, hususiyet/orijinallik ölçütü üzerinden insan unsuruna; benzer biçimde, eser sahibi kavramı da, insan olma gerekliliğine atıf yapmaktadır. Yapay zekânın insan olmayan bir varlık olması; oluşturduğu müziğin eser niteliği taşımaması ve yapay zekânın eser sahibi olamaması sonucunu doğurmaktadır. Bu durumu aşmak için, insana bağımlı olan sübjektif orijinallik anlayışının değiştirilmesi önerilmektedir. Böylece, yapay zekâ müziğinin bir insan elinden çıkma besteden ayırt edilemeyecek denli yaratıcılık sergilemesi yeterli olacak ve bu müzik ürünleri orijinal kabul edilerek eser niteliğini kazanabileceklerdir. Böyle bir durumda yapay zekâ insan olmadığından, bestelediği ve eser vasfına sahip müzik parçaları kamu malı olacaktır. Eser sahibi kavramındaki insan olma koşulunun aşılabilmesi için de yapay zekânın müzik oluşturma sürecine katılan programcı veya son kullanıcı gibi insanların eser sahibi olması önerisi getirilmektedir. Bunun için, mevcut telif hakkı düzenlemelerindeki bazı olanakların genişletilerek uygulanabileceği düşünülmekte ve bu kapsamda, ABD'deki work made for hire doktrini veya İngiltere örneğindeki computergenerated works uygulamasının örnek teşkil edebileceği belirtilmektedir. Diğer bir alternatif ise, veri tabanı koruması örneğinde olduğu gibi sui generis hak ile yatırımcının çıkarlarının korunabileceği önerisidir. Eser sahipliğine yönelik tüm seçeneklerin, hem destekleyici hem de karşısında olan gerekçeleri bulunmaktadır. Sonuç olarak, yapay zekâ insana benzer eserler üretmektedir ve bunun hukuk alanında bir yansımasının olması gerekmektedir. Anahtar Kelimeler: yapay zekâ, müzik, yapay zekâ müziği, eser kavramı, eser sahipliği ABSTRACT Recently, artificial intelligence technology has the ability to learn from the training data provided and to create works of art that are not copies of the products in the training set. Although today's artificial intelligence type is called Weak Artificial Intelligence because of its unconsciousness, it could still imitate human mental skills and can create musical compositions that are mostly imitations or transfers of style/genre in the field of music. Artificial intelligence music applications such as AIVA and Amper allow both musicians and users to create musical pieces without musical knowledge. Creating musical composition with this way raise questions about whether these compositions qualify as works in terms of copyright law and who the owner of the work would be if they are accepted as works. In intellectual law, the concept of work refers to the human through the criterion of originality similarly to the concept of author refers to the necessity of being human. The fact that artificial intelligence is a not a human being leads the music it creates not to qualify as works and the artificial intelligence not be the author of works. In order to overcome this situation, it is suggested that the subjective originality concept that is dependent on humans should be changed. Thus, it would be sufficient for the AI music to exhibit creativity to the extent that it cannot be distinguished from a composition made by a human being, so these musical products will be considered original and would gain the status of a work. In this case, because AI is not human, the musical pieces it composes would be in the public domain. In order to overcome the condition of human being in the concept of authorship, it is suggested that people such as the programmer or the last user who participate in the music creation process of the AI should be the author of the work. It is thought that some possibilities in the current copyright regulations can be expanded and applied, and in this context, it is stated that the work made for hire doctrine in the USA or the computergenerated works application in the UK example could be examples. Another alternative is the suggestion that the interests of the investor can be protected with sui generis rights like in the example of database protection. All options regarding authorship have both supporting and opposing explanations. As a result, AI creates works similar to humans, and this should have a reflection in law.

This thesis explores the battle among actors in the telecommunication value chain to define the meaning of FRAND (Fair, Reasonable, and Non-Discriminatory), which forms the basis for the IPR policy and standard-essential patent (SEP) licensing agreements in most standardsetting organizations (SSOs). As a secondary goal, this thesis seeks to improve the theoretical understanding of the changing nature of value creation from an industrial to a knowledgebased economic paradigm, particularly in relation to the changing role of patents to facilitate openness and regulate access. An investigation of the theoretical concepts that define FRAND and SEP value as well as an empirical investigation of the industrial dynamics and the interpretation of FRAND in the US judicial system is conducted. This includes an in-depth, single case study of the landmark Microsoft case as well as a comparative analysis across the four initial SEP/FRAND cases in US district court. Additionally, a comparative analysis of legal and market norms is conducted through case studies and doctrinal legal analysis from the theoretical perspective of the intellectual value chain. Finally, the concepts of patent holdup and holdout are analyzed in relation to mainstream economic theory, and patent holdout is further investigated through market data as well as interviews and a survey with industry experts. The results show that while FRAND-enabled standards have experienced historical market success, an expansion of the division of labor in the telecommunication value chain has created a profound divergence among market actors regarding the value of SEPs, often exceeding more than an order of magnitude. Concomitantly, the US courts have also produced diverse rulings in their attempt to value SEPs and set FRAND royalties with considerable implications on economic performance and efficiency. Additionally, several valuation principles are introduced regarding the determination of royalty base in patent damages that illustrate the importance of linking legal norms to the market norms of the standard in question. Furthermore, patent holdout is found to be a substantial phenomenon with specific strategies that differ in relation to actors in developed and emerging markets. Lastly, the concepts of holdup and holdout are shown to be used much differently in the current patent debate in comparison to mainstream economic theory leading to the proposal of a new, nonpejorative framework based on a spectrum of asymmetric bargaining power positions ranging from circumstantial to systematic to systemic.

The rapid advancement of Artificial Intelligence (AI) presents complex challenges and opportunities for patent law in Uganda. As AI continues to revolutionize innovation, traditional patent frameworks, which are built on human inventorship and novelty principles, may not fully accommodate AI-generated inventions. The growing role of AI in the creative and inventive process raises critical legal and policy questions regarding ownership, attribution, and the scope of patent protection. This research examines the legal and policy implications of AI-assisted and AI-generated innovations, focusing on the adaptability of Uganda’s patent regime to emerging technologies. Through a comparative analysis of global best practices, this study explores how different jurisdictions have responded to the legal complexities of AI-driven inventions. It highlights the challenges associated with defining inventorship when AI systems autonomously generate patentable subject matter. Furthermore, the study identifies gaps in Uganda’s legislation, particularly the absence of clear legal provisions addressing AI-related patents. The lack of a well-defined legal framework may hinder innovation and foreign investment, as uncertainties regarding AI inventorship and ownership could discourage AI-driven research and development. To bridge these gaps, the research proposes policy recommendations aimed at aligning Uganda’s patent system with the evolving technological landscape. Key recommendations include amending the patent laws to recognize AI-assisted inventions while maintaining a balance between human oversight and technological advancement. Additionally, the study advocates for the establishment of legal mechanisms that ensure fair attribution and ownership of AI-generated inventions while fostering an innovation-friendly environment. The findings contribute to the broader discourse on intellectual property rights in the digital age, offering valuable insights for policymakers, legal practitioners, and innovators. By modernizing Uganda’s patent framework, the country can position itself as a competitive player in the global AI-driven economy while ensuring legal clarity and fairness in patent protection.

This chapter examines how Indian pharmaceutical firms create value outside the intellectual property (IP)-driven model that dominates the Global North. Based on multi-sited fieldwork (2015–2023) across factories, offices, and distribution networks, it shows how companies rely on inventive copying, flexible manufacturing, and dense social networks to commercialise off-patent medicines. Rather than investing heavily in research and patent monopolies, Indian firms pursue incremental innovations—through dosage changes, packaging, or novel delivery systems—while adapting manufacturing standards and leveraging family, community, and professional ties to reach semi-regulated markets in the Global South. These strategies generate temporary and local monopolies, producing a form of pharmaceutical capitalism that contrasts with global rentier regimes yet plays a decisive role in access to affordable medicines. By highlighting these “ordinary” practices of value-making, the chapter contributes to rethinking technoscientific globalisation, underscoring how off-patent drugs and generic industries actively shape alternative, non-monopolistic forms of global capitalism.

I. The Korean economy is centrally directed with policies implemented according to broad guidelines established by five-year plans. For a statistical outline of the current plan and the performance of previous plans, see ECONOMIC PLANNING BOARD, MAJOR STATISTICS OF KOREAN ECONOMY 8-13 (1985). 2. For studies of the methods of technology acquisition and assimilation, see Kim, The Role of Technology in Economic Development, in BuSINEss LAws IN KOREA 693 (C. Kim ed. 1982) [hereinafter KIM]; Westphal, Rhee & Pursell, Foreign Factors in Korea's Industrialization, in MODERNIZATION OF KOREA AND THE IMPACT OF THE WEST 190 (C. Lee ed. 1981). See generally M.

This article explores the intricate and multifaceted relationship between morality, public order, and patent protection, highlighting how ethical considerations significantly influence patent laws worldwide. It provides a comprehensive examination of the historical evolution of patent law alongside the philosophical foundations that underlie these legal frameworks. The focus is primarily on Indian law and its interaction with international agreements such as the Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the European Patent Convention. The discussion reveals the inconsistencies and challenges that arise when moral standards are applied within patent law. A comparative analysis of landmark cases, notably Diamond v. Chakrabarty and the Oncomouse case, illustrates how ethical considerations can vary widely and impact legal outcomes. These cases exemplify the complexities surrounding the patenting process, particularly in fields like biotechnology and genetics, where the ethical implications of patenting living organisms are hotly debated. The article advocates for a series of reforms to create a balanced approach to the intersection of innovation and ethics. By striving to foster a legal environment that prioritizes both technological advancement and adherence to moral principles, the proposed reforms aim to address existing disparities within patent law. The ultimate goal is to ensure a fairer and more equitable patent system that considers the interests of inventors, consumers, and society. In conclusion, this article contributes to the ongoing discourse on harmonizing ethical considerations with the need for innovation in an everevolving global landscape. Analyzing the historical context and current legal frameworks underscores the importance of developing patent laws that are not only forward-thinking but also ethically sound, ensuring that the benefits of innovation are realized without compromising moral standards.

En 1997, el neurobiólogo Oliver Brüstle patentó un método relativo a la derivación de células troncales neuronales a partir de embriones humanos para su utilización en la investigación y terapia sobre padecimientos neurológicos. Greenpeace controvirtió la patente otorgada ante el Tribunal Federal de patentes Alemán, el cual declaró su nulidad por referirse a células progenitoras obtenidas a partir de embriones humanos, puesto que atentaba contra la “moralidad” al utilizar embriones humanos con fines industriales.

Brüstle solicitó al Tribunal de Justicia de la Unión Europea la interpretación del artículo 6, apartado 2, letra c), de la Directiva 98/44/CE que concierne a la protección jurídica de las invenciones biotecnológicas. No obstante, el  Tribunal resolvió revocar la patente considerando como inmoral la destrucción de embriones humanos con fines tanto industriales como de investigación, declarando que ambas persiguen fines comerciales, y que atenta contra la “dignidad humana que posee el embrión”.

En este ensayo argumentamos que se dio prioridad a la dignidad humana de los embriones por encima de la dignidad y derechos humanos de las personas. Por un lado, esta consideración de inmoralidad puede obstaculizar el desarrollo de conocimiento valioso que coadyuve a la atención de enfermedades neurodegenerativas, mientras que por otro, se erige como un atentado a la libertad de investigación científica.

Introduces the universal model of augmented invention, recognizing AI-human co-created patents while preserving human accountability. • Operationalizes reform via AI-specific disclosure (Computational Traceability Report; Human-Machine Contribution Statement) and a patent-term adjustment model (PTA-AI). • Advances equity and safety through AI-tailored compulsory-licensing triggers and practical governance (IRB/REC review, change-control, post-market monitoring, auditability).

This article theorizes the emergence of a genomic marketplace in which traits-from disease resistance to enhanced cognition-are priced, licensed, and traded as proprietary assets. We introduce two mechanisms that organize value capture in this economy: inherited revenue assurance (IRA), a lineage-binding royalty structure for germline edits, and genomic asset-backed securities (GABS), financial instruments that securitize expected royalty cashflows from edited populations. We build a conceptual model of the trait value chain-from IP origination through multigenerational licensing and secondary finance-and analyze distributional and ethical consequences under competing regulatory regimes (patent exclusivity, FRAND-style licensing, royalty caps, and trait commons). The contribution is a political-economy account that connects molecular IP to household welfare and macro-finance, while offering policy tests that distinguish emancipatory from extractive designs.

The origin of patent law in Canada is traceable to British colonization of large swaths of territory in North America. In addition, the historical development of patent law in Canada owes significant debts to developments in patent law and institutions of the United States of America. These twin sources of influence have given Canadian patent law a unique flavor amongst many of the industrialized states with mature patent systems. There is a close relationship in statutory language and construction between Canadian patent law and United States patent law as well as patent law in England. Of course, this is not to suggest that there are no strong and palpable differences between the three regimes. In terms of scholarship and intellectual ruminations on patent law, the transplant of patent law from England to Canada was not followed by academic literature in the field by Canadians. To the contrary, early Canadian patent law was a plodding exercise in the mechanics of patent prosecution. Academic discourse in Canadian patent was sparse and inconsistent. The situation did not change much despite the exponential growth in the number of lawyers practicing in the field. This is not to suggest that Canada has been bereft of star performers in patent litigation. To be fair, the Canadian bar has produced its own significant share of superstars in matters pertaining to litigation in patent law. The list would include Frederick Fetherstonhaugh, the Marion brothers,

The origin of patent law in Canada is traceable to British colonization of large swaths of territory in North America. In addition, the historical development of patent law in Canada owes significant debts to developments in patent law and institutions of the United States of America. These twin sources of influence have given Canadian patent law a unique flavor amongst many of the industrialized states with mature patent systems. There is a close relationship in statutory language and construction between Canadian patent law and United States patent law as well as patent law in England. Of course, this is not to suggest that there are no strong and palpable differences between the three regimes. In terms of scholarship and intellectual ruminations on patent law, the transplant of patent law from England to Canada was not followed by academic literature in the field by Canadians. To the contrary, early Canadian patent law was a plodding exercise in the mechanics of patent prosecution. Academic discourse in Canadian patent was sparse and inconsistent. The situation did not change much despite the exponential growth in the number of lawyers practicing in the field. This is not to suggest that Canada has been bereft of star performers in patent litigation. To be fair, the Canadian bar has produced its own significant share of superstars in matters pertaining to litigation in patent law. The list would include Frederick Fetherstonhaugh, the Marion brothers,

Pharmaceutical industry, a promising sector constantly generating new intellectual property is third largest in terms of volume and thirteenth largest in terms of value. India is one of the largest providers of generic drugs contributing almost 20% of the worlds share. Due to flagship programmes such as Make in India substantial effect is reflected on innovation scenario as India has jumped the ranking this year in Global Innovation Index compiled by WIPO. Despite several health policies, India continues to lag several health indicators such as mortality rates and malnutrition. Home to 17.5% of the world's population, India accounts for 20% of all neonatal deaths and 21% of all child deaths (younger than 5 years).In such a scenario of increased burden of healthcare, a thriving generic drug supply at accessible costs and proper incentivization of the Pharma MNC's using PPP, providing them a good R&D environment with IP laws in sync with the TRIPS agreement is required.

We examine how the ex-post assessment of standard essential patents (SEPs) affects the patent holder's strategic incentive to declare SEPs. While declaration guarantees inclusion in the standard, it requires commitment to license under fair, reasonable, and non-discriminatory (FRAND) terms. We consider two forms of essentiality assessment: (i) by an independent organization and (ii) by the courts during a patent dispute or a challenge initiated by a standard implementer. Assessment by an independent organization can eliminate declared patents with low essentiality. Assessment through a dispute can decrease the number of both declared and non-declared (i.e., non-FRAND-encumbered) patents and these different trade-offs affect the rights holder's strategic declaration incentive. We obtain the following results. First, there is less declaration when there is ex-post assessment of either type compared with no assessment. Second, there is less declaration with assessment by an ind...

The introduction of pharmaceutical product patents in India and other developing countries is expected to have a significant effect on public health and local pharmaceutical industries. This paper draws implications from the historical experience of Japan when it introduced product patents in 1976. In Japan, narrow patents and promotion of cross-licensing were effective tools to keep drug prices in check

∗University of Auckland, r.aoki@auckland.ac.nz †University of Auckland, ‡University of Auckland, This paper is posted at ResearchSpace@Auckland. http://researchspace.auckland .ac.nz/ecwp/261 ... Abstract The introduction of pharmaceutical product patents in India ...

Combination therapies have expanded significantly due to their numerous advantages, including enhanced efficacy and improved patient compliance. However, this growth has also raised competition concerns, such as the potential for market foreclosure strategies and delayed product launches. In the United States, legal disputes-particularly in the context of HIV treatments-have underscored these challenges, with major pharmaceutical companies entangled in complex antitrust litigation. Meanwhile, in Europe, the UK Competition and Markets Authority has launched an initiative to promote the collaborative development of combination therapies, while the EU is advancing comprehensive regulatory reforms to foster a more harmonized approach. This article examines these scenarios with a focus on the importance of coordinated efforts among stakeholders. In light of the strategic complexities and the risk of unintentional competition law violations in pricing negotiations for combination therapies, the discussion concludes by proposing regulatory solutions that incorporate AI tools to help guide and manage interactions among the involved parties, thereby pointing toward innovative governance models.

Piyasalardaki diğer ürünler ile karşılaştırıldığında, ilaçlar kendilerine has birtakım özellikler sergilemektedir. Örneğin ilaçlar insan sağlığı ile doğrudan ilgilidirler, itimada dayalı mal olma özelliğini gösterirler ve bu yüzden kullanmadan önce bir doktor veya bir eczacının ...

This study investigates the impact of Intellectual Property (IP) awareness programs on the innovation potential of Indian youth. Using a quantitative research design, data were collected from 66 young adults across diverse academic backgrounds through a structured online questionnaire. The findings reveal that 72.7% of participants demonstrated moderate to high awareness of basic IPR concepts, including patents, copyrights, trademarks, and geographical indications. Participation in IP programs significantly boosted confidence in protecting creative ideas (81.8%) and understanding their commercial value (78.8%). Moreover, 78.8% reported increased entrepreneurial motivation, while 80.3% advocated for integrating IP education into academic curricula. Despite these positive outcomes, only 47% of respondents had registered or planned to register IP rights, indicating a gap between awareness and practical application. The study concludes that enhancing procedural knowledge and expanding targeted awareness campaigns can further empower Indian youth to transform innovative ideas into impactful ventures, fostering economic growth and social advancement.

Brain Organoids in their current state of development are patentable. Future brain organoids may face some challenges in this regard, which I address in this contribution. Brain organoids unproblematically fulfil the general prerequisites of patentability set forth in Art. 3 (1) EU-Directive 98/44/EC (invention, novelty, inventive step and susceptibility of industrial application). Patentability is excluded if an invention makes use of human embryos or constitutes a stage of the human body in the individual phases of its formation and development. Both do not apply to brain organoids, unless ES-cells are used. Art. 6 (1) EU-Directive 98/44/EC excludes patentability for inventions "the commercial exploitation of which would be contrary to ordre public or morality". While there is no conceivable scenario, in which the commercial application of current brain organoids violates the ordre public, the same is not necessarily true for future brain organoids. Keeping in mind that a development of consciousness-like abilities in future brain organoids cannot be excluded and that an ability for both physical and psychological suffering has been theorized, both of which are aspects of the ordre public, certain applications of future brain organoids may constitute a violation of the ordre public and therefore lead to an exclusion of patentability.

Chief Justice Marshall warned in Cohens v. Virginia (1821) that a federal court that usurps the limited jurisdiction it has been given commits “treason to the Constitution.” Query whether the judges and judicial officials who purport to operated our Article III courts, i.e. the judcial brach of government to commit treason against the Constitution by forcing litigants to have their cases adjudicated by non-active duty judges?

PHILOSOPHICAL GUIDE TO A FUTURE WORTH WANTING 126 (2016) ("we can no longer afford the modern illusion that our technosocial innovations are conductive to human mastery"); see also KENTARO TOYAMA, GEEK HERESY: RESCUING SOCIAL CHANGE FROM THE CULT OF TECHNOLOGY x (2015) ("World leaders are convinced that technology will make the world a better place. But does technology really cause positive social change?").

F.3d 1289, 1295 (Fed. Cir. 2013) ("[N]o accused products can be found liable for infringement of an invalid claim") (citing Medtronic, Inc. v. Cardiac Pacemakers, Inc., 721 F.2d 1563, 1583 (Fed. Cir. 1983) ("An invalid claim cannot give rise to liability for infringement .... )). 2.

In this chapter, the minimum requirements for plant variety protection as defined by TRIPS will be analyzed. While plant varieties are only referred to once in the TRIPS Agreement, TRIPS requires that all WTO member States adopt legislation for the effective implementation of plant variety protection, including enforcement. This chapter will first analyze UPOV, which is a recognized international system for the effective protection of plant varieties. A particular emphasis will be on the 1991 Act of the UPOV Convention, as this is the only available Act for new UPOV member States. 1 At the same time, WTO member States are not required to join UPOV in order to comply with TRIPS. The analysis will identify the extent to which the UPOV Convention requires a higher level of protection than what is required under TRIPS. UPOV 1978 is presumed to be closer to the minimum requirement of plant variety protection, and the identification of minimum requirements is the purpose of this chapter. UPOV 1978 establishes one maximum requirement, as Article 2.1 explicitly excludes double protection on plant varieties, and leaves the decision as to whether to grant patents on plant varieties to the States themselves. 2 UPOV 1991 allows dual protection. Hence, both plant breeders' rights and patent rights can be granted on a plant variety provided that the requirements for protection are met. 3

This research monograph examines the harmonization of copyright and trademark damages within the context of Bangladesh's intellectual property (IP) law, focusing on the challenges and opportunities presented by digitalization. The paper analyzes the existing legal framework governing copyrights and trademarks in Bangladesh, highlighting its inadequacies and inconsistencies with international IP standards, particularly the TRIPS Agreement. It identifies key challenges, including rampant piracy, weak enforcement mechanisms, limited institutional capacity, and a pervasive lack of public awareness regarding IP rights. The study also explores the complexities of calculating damages in copyright and trademark infringement cases, emphasizing the need for clearer legal guidance and specialized expertise. Furthermore, it proposes the Intellectual Property Digitalization in Bangladesh (IPDB) initiative as a potential solution to enhance IP protection and enforcement in the digital realm. The paper concludes with specific recommendations for legal and institutional reforms, including updating existing IP laws, strengthening the capacity of the DPDT and Copyright Office, raising public awareness, and fostering international cooperation to promote harmonization and effective IP enforcement in Bangladesh. Ultimately, the research aims to contribute to the development of a robust and effective IP system in Bangladesh that fosters innovation, creativity, and economic growth in the digital age.
Keywords: Copyright, Trademark, Harmonization, Intellectual Property, Damages, WIPO, TRIPS Agreement, Digitalization, Bangladesh.

This essay examines the origins and evolution of the patent system, tracing its roots to 15th-century Venice and its transformation into the backbone of modern intellectual property law. Venice's 1474 Patent Statute represents the world's first comprehensive patent law, establishing principles that continue to govern innovation protection globally. Through analysis of historical documents, landmark cases, and colorful personalities-from Galileo's thermometer patent to Thomas Edison's litigation warsthis study demonstrates how Venetian commercial pragmatism created a framework that balances innovation incentives with public knowledge. The essay explores both the noble intentions and ignoble abuses of patent law, revealing how a system designed to promote progress has sometimes stifled it, while remaining essential to technological advancement and economic development across cultures and centuries.

ing). Justice Douglas's position echoes that of Judge Blodgett who, in 1886, wrote that a patentee "is bound either to use the patent himself or allow others to use on reasonable or equitable terms." Hoe v. Knap, 27 F. 204, 212 (N.D. Ill. 1886).

As any chef will tell you, cooking and food preparation is a creative, sometimes innovative, endeavor. Much thought and time is invested in selecting ingredients, developing the process for preparing the dish, and designing an interesting or appealing look and feel for a food item. If this is true, then it should come as no surprise that recipes, food designs, and other culinary creations can be protected by various forms of intellectual property, namely: trade secrets, design and utility patents, trade dress, but usually not copyright. This article considers how intellectual property law has been applied to protect recipes and food designs, along with broader issues relating to how these rights may overlap and their implications for competition.