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Journal articles on the topic 'Conflict of laws – Patents'

Author: Grafiati

Published: 10 March 2023

Last updated: 31 July 2025

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1

Smith, Tim. "A Phantom Menace? Patents and The Communal Status of Space." Victoria University of Wellington Law Review 34, no. 3 (2003): 545. http://dx.doi.org/10.26686/vuwlr.v34i3.5769.

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This paper provides an analysis of the interaction between the most important intellectual property right for the space industry, patents, and the international status of space as a "common area". It suggests that the conventional thesis upon which the application of domestic patent laws to space-based activities rests is an incomplete analysis of the legal interaction. A fundamental conflict between patent rights over inventions that make use of the intrinsic properties of the spaceenvironment is identified, and the implications of this conflict discussed. While the application of domestic pa

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2

Kjølbye, Lars. "Article 82 EC as Remedy to Patent System Imperfections: Fighting Fire with Fire?" World Competition 32, Issue 2 (2009): 163–88. http://dx.doi.org/10.54648/woco2009018.

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It has been a well-established principle of EC competition law that there is no inherent conflict between competition laws and intellectual property laws. However, there are indications that this view is coming under pressure. The European Commission’s pharmaceutical sector inquiry has identified a toolbox of practices engaged in by originator firms, which allegedly aims at hindering or delaying generic entry or competition from other originators. A number of these practices involve the strategic use of patents. As sector inquiries aim at giving effect to Articles 81 and 82 EC, the Commission’

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Contreras, Jorge L. "Private Law, Conflict of Laws, and a Lex Mercatoria of Standards-Development Organizations." European Review of Private Law 27, Issue 2 (2019): 245–67. http://dx.doi.org/10.54648/erpl2019015.

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Technical standards created by industry standards-development organizations (SDOs) enable interoperability among products manufactured by different vendors. Over the years, SDOs have developed policies to reduce the risk that SDO participants holding patents covering the SDO’s standards will disrupt or hinder the development and deployment of these standards. These policies, including commitments to license standardsessential patents (SEPs) on terms that are fair, reasonable and non-discriminatory (FRAND), gain transnational application given the international character of SDO activities and a

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4

Oser, Andreas. "The COVID-19 Pandemic: Stress Test for Intellectual Property and Pharmaceutical Laws." GRUR International 70, no. 9 (2021): 846–54. http://dx.doi.org/10.1093/grurint/ikab091.

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Abstract The COVID-19 pandemic poses a challenge to certain standards in patent law as well as in pharmaceutical law. This paper discusses questions as to whether and under what conditions government-ordered or privately claimed compulsory licensing can contribute to controlling the pandemic. The existing obstacles and conflicts under the current legal framework, such as a lack of international harmonization and a lack of coherence between patent law (compulsory licensing) and pharmaceutical law (data protection), are outlined and discussed. A possible solution could lie in a modernization of

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Lipstein, K. "INTELLECTUAL PROPERTY: PARALLEL CHOICE OF LAW RULES." Cambridge Law Journal 64, no. 3 (2005): 593–613. http://dx.doi.org/10.1017/s0008197305006975.

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IN a previous article it was contended that for the purpose of the conflict of laws the structure of immaterial property law (which term is used here to include patents and the like) is exceptional. Due to its privileged character accorded by the sovereign local authority it is territorial in the dual sense that such laws are strictly confined in their operation to their country of origin and that within that territory the application of foreign immaterial property law is excluded by its inherent limitation. In English and Commonwealth law this insight was concealed until recently by the asser

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Ho, Cynthia. "Biopiracy and Beyond: A Consideration of Socio-Cultural Conflicts with Global Patent Policies." University of Michigan Journal of Law Reform, no. 39.3 (2006): 433. http://dx.doi.org/10.36646/mjlr.39.3.biopiracy.

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This Article provides afresh and multi-dimensioned approach to a long-standing claim of biopiracy patents made by developing countries and communities. The basic principles of patent law and policy are first established to provide a foundation from which to evaluate the claim that genetic resources and traditional knowledge from developing countries are being misappropriated in a variety of ways that are loosely referred to as biopiracy. The Article distinguishes rhetoric from reality in examining biopiracy allegations from the perspective of national patent laws, as well as international agre

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7

Rahmani, Somayeh, Amir Mahdi Ghorbanpoor Zarehshuran, and Hamideh Rahanjam. "Evaluation of Rights Related to Public Health and Pharmaceutical Patents and Existing Conflicts According to National and International Laws." Journal of Qazvin University of Medical Sciences 24, no. 3 (2020): 258–69. http://dx.doi.org/10.32598/jqums.24.3.6.

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Today, along with the relative expansion of public health around the world, various diseases such as AIDS, malaria, etc. are increasing in human societies. In this regard, the pharmaceutical industry is one of the most important industries that should be supported so that the inventors of new drugs have enough motivation to produce more effective drugs. On the other hand, the undeniable benefits of supporting pharmaceutical inventions pose a serious threat to developing and less developed countries, and may endanger the public health of these societies. In such situation, we should know which

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Dutt, Pawan, and Tanel Kerikmäe. "Reverse Payment Patent Settlements in the Pharmaceutical Sector and Competition Law – Do Lundbeck and Actavis Help to Bridge the Views Across the Atlantic Regarding the Delayed Market Entry of Cheaper, Generic Medicines?" International and Comparative Law Review 13, no. 1 (2013): 23–38. http://dx.doi.org/10.1515/iclr-2016-0056.

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Abstract Competition law and Intellectual Property law are remarkably divergent in scope and thus make for uneasy bedfellows. Although they both purport to help the consumer, their effects on the common market can be strikingly different. Recent decisions in the European Union and the United States of America have brought into focus the role of reverse payment patent settlement agreements. These agreements are generally of a commercial nature, and are agreements to settle actual or potential disputes which are related to patents. The questions which are sought by the parties to mutually settle

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Tang, Zheng Sophia. "Validity in patent infringement proceedings – a new approach to transnational jurisdiction." Queen Mary Journal of Intellectual Property 11, no. 1 (2021): 47–68. http://dx.doi.org/10.4337/qmjip.2021.01.03.

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Validity is frequently raised as an issue in patent infringement proceedings, either as a defence or as a preliminary question. Where a court may hear a dispute in relation to infringement of foreign patents, whether the court could and should adjudicate their validity is controversial. This article examines five approaches to this matter. It concludes that none of these approaches is perfect and that there is a lack of evidence-based assessment as to their efficiency. It then moves on to discuss the similar jurisdictional segregation which occurs between validity and infringement at the domes

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Qisheng, He. "Chronology of Practice: Chinese Practice in Private International Law in 2020." Chinese Journal of International Law 20, no. 3 (2021): 581–623. http://dx.doi.org/10.1093/chinesejil/jmab031.

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Abstract This survey contains materials reflecting the practice of Chinese private international law in 2020. First, regarding changes in the statutory framework of private international law in China, three legislative acts, one administrative regulation on the Unreliable Entity List and ten judicial interpretations of the Supreme People’s Court were adopted or amended in 2020 on a wide range of matters, including conflict of laws, punitive damages, international civil procedure, etc. Second, 11 typical cases involving Chinse courts’ jurisdiction are selected to highlight the development in Ch

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S. Kolekar, Shreesh, Sachin Tripathi, Nikhilchandra Mahajan, Umesh Chougule, and Ashok Kr Sharma. "Surgical Innovation and Patent Law: Conflicts and Resolutions." Journal of Neonatal Surgery 14, no. 2S (2025): 128–38. https://doi.org/10.52783/jns.v14.1665.

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Thanks to surgical innovation, healthcare has been totally transformed and more advanced therapies and patient outcomes are now feasible. New surgical methods and patent laws clash to cause major issues influencing moral standards as well as the availability of medical treatment. This article examines the complex relationships among patenting surgical techniques, instruments, and technology as well as the more general consequences for patients and the medical community. Patents provide creators exclusive ownership over their creations, therefore guaranteeing a return on investment and hence pr

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Voon, Tania, and Andrew D. Mitchell. "Patents and Public Health in the WTO, FTAs and Beyond: Tension and Conflict in International Law." Journal of World Trade 43, Issue 3 (2009): 571–601. http://dx.doi.org/10.54648/trad2009023.

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By mandating patent protection for pharmaceutical products, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) of the World Trade Organization (WTO) creates difficulties for developing countries seeking to import medicines to deal with serious public health concerns. In 2001, WTO Members began working towards a solution to this problem. Their work led to a temporary waiver of certain TRIPS obligations and a proposal for a formal amendment of the TRIPS Agreement. However, the waiver remains underutilized and the amendment still lacks the necessary support o

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Dr., Kakumani Kataky. "A Comparative Study on Secondary Patenting on Pharmaceutical: Striking A Balance Between Competition Law and IPR." Annual International Journal on Analysis of Contemporary Legal Affairs 1 (February 10, 2021): 77–90. https://doi.org/10.5281/zenodo.4876244.

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<strong><em>The Supreme Court of India made a historical judgment in April 2013 which denies a secondary patent from the Swiss pharmaceutical company Novatis and hence allowing the manufacturing of generic medicine in India. This approach promotes competition and access to medicine in developing countries but at the same time, it may hamper the development of new inventions. The restriction of competition law by delayed entry into the market of generic companies and the reason behind it is the secondary patenting, a form of evergreening of patents. The focus will be more on the conflict betwee

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Clugston, Christopher J. "International Exhaustion, Parallel Imports, and the Conflict between the Patent and Copyright Laws of the United States." Beijing Law Review 04, no. 03 (2013): 95–99. http://dx.doi.org/10.4236/blr.2013.43012.

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Batubara, Yenni, and Husni Ismail. "PERLINDUNGAN HUKUM PEMANFAATAN SYSTEM ARTIFICIAL INTELLIGENCE BERDASARKAN UNDANG-UNDANG NOMOR 28 TAHUN 2014." Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan 10, no. 1 (2024): 146–61. http://dx.doi.org/10.24952/almaqasid.v10i1.11166.

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Artificial Intelligence (AI) with its increasingly complex development currently seems to increase complications, especially when it comes to violations of the law, especially regarding copyright of works created by AI systems or. So that the clarity of the legal responsibility for problems or conflicts that then arise needs to be clarified in the eyes of the law. This study is a qualitative study with a normative legal approach, and the data analysis method used is qualitative juridical. The results of the study show that based on the laws and regulations in Indonesia, namely Law No. 28 of 20

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Ordover, Janusz A. "A Patent System for Both Diffusion and Exclusion." Journal of Economic Perspectives 5, no. 1 (1991): 43–60. http://dx.doi.org/10.1257/jep.5.1.43.

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Public policy analysis of optimal patent regimes is often framed as a tradeoff between static and dynamic efficiency. In this analytical framework, weak patent protection and strict antitrust policy are taken to be directed toward static concerns, while protection of intellectual property through strong patent laws is taken as a reflection of broader social concerns for long-run growth and technological progress. This characterization has some truth, but the magnitude of the conflict between static and dynamic efficiency, can easily be exaggerated. In this article, I want to argue that weak pa

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Jaiswal, Reena, Anu Singh, Saloni Rathore, et al. "Role Of Intellectual Property Theories in Addressing Anomalies Created By The Intersection of Artificial Intelligence and Intellectual Property Rights: An Analysis." International Journal of Membrane Science and Technology 10, no. 4 (2023): 2560–66. http://dx.doi.org/10.15379/ijmst.v10i4.3657.

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Globally, the use of artificial intelligence (AI) is expanding exponentially. The issue of managing intellectual property in AI is raised by this surge. Discussions and moderating have taken place, but no resolution has been reached. The issue of whether the work created by an AI should get a special status still exists. When it comes to the control of IPR in artificial intelligence, there are a few oddities. The ownership of patents and copyrights is in doubt, and there are serious worries about the consequences of violation. With the development of technology, there is no certainty on the la

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18

Zhang, Liguo. "A balanced approach to standard-essential patent disputes: from the perspective of the sustainability of technological resources." Queen Mary Journal of Intellectual Property 14, no. 1 (2024): 29–47. http://dx.doi.org/10.4337/qmjip.2024.01.02.

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Standard-essential patents (SEPs) are closely linked to technical standards and have the nature of public products. The combination of patents as private property rights with technical standards as public goods magnifies the exclusivity of patent rights, may hinder the application of technical standards and gives rise to a large number of legal disputes. Two solutions have been developed to alleviate this tension: a strong protection model that emphasizes the property rights nature of patents and a sharing model that emphasizes the public goods nature of technology standards. However, both opt

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S, Anirudh. "Farmers' Rights vs Plant Breeders' Rights: Navigating Justice in Agricultural Innovation." INTERNATIONAL JOURNAL OF SCIENTIFIC RESEARCH IN ENGINEERING AND MANAGEMENT 09, no. 07 (2025): 1–9. https://doi.org/10.55041/ijsrem51204.

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This paper examines the legal and ethical tension between farmers’ rights and plant breeders’ rights in the context of global agricultural justice. It provides a comparative analysis of international instruments (TRIPS, UPOV, ITPGRFA) and national laws (notably India, the United States, and selected African jurisdictions) that shape intellectual property protection for plant varieties and the corresponding entitlements of farmers. The study explores how different legal regimes balance these rights, highlighting doctrinal issues (e.g. sui generis plant variety protection, patent exemptions) alo

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Xiong, Ping. "Patents in TRIPS-Plus Provisions and the Approaches to Interpretation of Free Trade Agreements and TRIPS: Do They Affect Public Health?" Journal of World Trade 46, Issue 1 (2012): 155–86. http://dx.doi.org/10.54648/trad2012006.

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The proliferation of regional or bilateral Free Trade Agreements (FTAs) has seen the adoption of an increasing number of TRIPS-plus measures to provide heightened levels of intellectual property protection. One implication is that protection of public health may be affected if access to medicines is restricted by the relevant patent provisions in these TRIPS-plus provisions. The interpretation approach adopted by WTO has led to an understanding of TRIPS in a manner supportive to public health. Many FTAs have established their own interpretation approach that will also impact on issues concerni

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Schmidt, Hedvig. "Competition Law and IP Rights: Not So Complementary: Time for Re-alignment of the Goals?" World Competition 42, Issue 4 (2019): 451–74. http://dx.doi.org/10.54648/woco2019025.

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This article argues through a US/EU comparative assessment of the intellectual property (IP) law goals and competition law goals that whilst the overarching goals of competition law and IP rights to enhance overall economic welfare are still complementary, internal conflicts within the two legal spheres are jeopardizing the achievement of these goals. Within the IP laws the private/public reward/incentive to innovate equilibrium is now being tilted in favour of private interests due to recent developments in terms of rapid innovation in digital economy markets and technologies coupled with an

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Marwiyah, Marwiyah, and Jauhari Jauhari. "Peningkatan Kesadaran Wirausahawan melalui Pelatihan Hak Kekayaan Intelektual dan Penerapan Undang-Undang Hak Cipta." PengabdianMu: Jurnal Ilmiah Pengabdian kepada Masyarakat 9, no. 10 (2024): 1931–36. https://doi.org/10.33084/pengabdianmu.v9i10.7489.

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Intellectual Property Rights (IPR) play a crucial role in modern business, especially for entrepreneurs who rely on innovation and creativity to remain competitive. IPR encompasses copyrights, patents, trademarks, and industrial designs that protect intellectual works and grant exclusive rights to their owners. However, awareness and understanding of the significance of IPR still pose significant challenges. A lack of knowledge about IPR can lead to economic losses due to copyright infringement and piracy, which in turn impedes business growth and innovation. Enhancing awareness and the implem

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Gupta, Shikha, and Yogendra Singh. "A Critical Analysis of Patent Law and Biotechnological Innovations in Intellectual Property Rights." Journal of Neonatal Surgery 14, no. 18S (2025): 639–44. https://doi.org/10.63682/jns.v14i18s.5167.

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Over the past few decades, there has been a great deal of discussion and development about the relationship between biotechnology and patent law. With the rapid advancements in genetic engineering and biotechnology, the challenge of striking a balance between ethical considerations and intellectual property rights has grown more intricate. This abstract offers a succinct summary of how patent law has changed in relation to biotechnological advancements, emphasizing the difficulties, moral conundrums, and necessity of striking a careful balance between innovation and society concerns. In the pa

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Singh LLM, Shraddha. "Insolvency and Intellectual Property Rights Protection and Enforcement Issues in Bankruptcy Proceedings." International Scientific Journal of Engineering and Management 03, no. 03 (2024): 1–9. http://dx.doi.org/10.55041/isjem01450.

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This research paper explores the intricate relationship between intellectual property (“IP”) rights and insolvency proceedings, particularly within the framework of the Insolvency and Bankruptcy Code (“IBC”) in India. Intellectual property assets, including trademarks, patents, copyrights, and other intangible assets, hold significant value for companies, often becoming pivotal factors in insolvency resolution outcomes. Despite the critical role of IP, the IBC lacks explicit provisions addressing the treatment of IP licenses during insolvency, leading to uncertainties and gaps in legal guidanc

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Wang, Hei, Yung Chi, and Ping Hsin. "Constructing Patent Maps Using Text Mining to Sustainably Detect Potential Technological Opportunities." Sustainability 10, no. 10 (2018): 3729. http://dx.doi.org/10.3390/su10103729.

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With the advent of the knowledge economy, firms often compete for intellectual property rights. Being the first to acquire high-potential patents can assist firms in achieving future competitive advantages. To identify patents capable of being developed, firms often search for a focus by using existing patent documents. Because of the rapid development of technology, the number of patent documents is immense. A prominent topic among current firms is how to use this large number of patent documents to discover new business opportunities while avoiding conflicts with existing patents. In the sea

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Kochneva, A. A. "QUESTIONS OF LIMITS OF LIMITATION OF SUBJECTIVE RIGHTS IN ABSOLUTE LEGAL RELATIONS: AN INTERSECTORAL APPROACH." Ex jure, no. 3 (2022): 7–21. http://dx.doi.org/10.17072/2619-0648-2022-3-7-21.

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Abstract: the presented article is devoted to the problems of determining the criteria for restrictions of subjective rights realized in absolute legal relations. The author positions the need to search for the “core” of absolute subjective law, defined as an indicator of the inadmissibility of any further restriction of it, through specific legal relations. In this connection, he applies an intersectoral approach to the analysis of the problems of the implementation of absolute legal relations: the branches of family, civil, and constitutional law are studied. The author notes the doctrinal a

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Mr., Arjun Ashok More. "Intellectual Property Rights in Startups and Entrepreneurship." International Journal of Advance and Applied Research S6, no. 12B (2025): 127–31. https://doi.org/10.5281/zenodo.14909861.

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<em>Intellectual Property Rights (IPR) are key to the success and sustainability of startups and entrepreneurial enterprises. With an economy becoming more competitive and driven by innovation, obtaining intellectual property (IP) assets like patents, trademarks, copyrights, and trade secrets can grant startups a strategic edge. Such rights not only protect original ideas, products, and services against infringement but also promote market credibility, investors, and business expansion.</em> <em>In startups, the journey through the labyrinth of IPR can prove arduous in the absence of resources

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28

Chen, Lung-Sheng. "Reconsidering Conflicts over Gene Patents in View of Taiwan Patent Law." Biotechnology Law Report 39, no. 2 (2020): 100–112. http://dx.doi.org/10.1089/blr.2020.29162.lsc.

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Bandopadhyay, Samrat, and Abdur Rahman Mallick. "Evolving Paradigm and Legal Challenges in Biodiversity for Plants and Microorganisms." GLS KALP: Journal of Multidisciplinary Studies 2, no. 3 (2024): 16–22. http://dx.doi.org/10.69974/glskalp.02.03.34.

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Conservation of Biodiversity including that of Microorganism and Medicinal plants can be seen from multiple perspectives. The view from scientific exigency of preservation, protection and conservation of biodiversity has varied factors including that of scientific and technological progress, equitable and structured benefit sharing mechanism, sustainability of ecosystem, restoration of ecological sensitive area with special emphasis on eco-zone and habitat protection. Growing clamour for balancing the development with environmental issues have lead to issues of the nature of pollution, habitat

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Gaborcik, Joshua W., Melissa J. Snider, Margueritte Hevezi, Allison Wehr, and Kavita Sharma. "Description of Discordance Between LDL Cholesterol, Non-HDL Cholesterol, and LDL Particle Number Among Patients of a Lipid Clinic." INNOVATIONS in pharmacy 8, no. 3 (2017): 14. http://dx.doi.org/10.24926/iip.v8i3.539.

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Background: While LDL cholesterol measures the cholesterol content within an LDL particle (LDL-P), it may not reflect LDL-P concentrations. If discordance exists, LDL-P may better predict cardiovascular events compared to LDL-C and non-HDL cholesterol (non-HDL-C). In primary prevention patients, discordance has been associated with diabetes, ethnicity, gender, metabolic syndrome, and smoking history.  Objective: To describe discordance in patients of a lipid clinic by exploring associations between patient characteristics and discordance among LDL-C, non-HDL-C, or LDL-P. Secondarily to c

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Loderer, Gaspare Tazio, and Peter Georg Picht. "Arbitration in SEP/FRAND Disputes: Overview and Core Issues." Journal of International Arbitration 36, Issue 5 (2019): 575–94. http://dx.doi.org/10.54648/joia2019029.

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This article takes a look at arbitration in intellectual property matters with regards to the licensing of standard-essential patents (SEPs) on fair, reasonable, and non-discriminatory (FRAND) terms. Due to the digital transformation, the importance of FRAND licensing of SEPs is likely to increase and with it the need for appropriate conflict resolution. This is where arbitration can come into play due to its flexibility and efficiency. The resolution of SEP/FRAND disputes through Alternative dispute resolution (ADR) is also supported by administrative and judicial bodies and institutions such

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Beck, Michaël. "Conflicts of Laws in Proceedings Before the European Patent Office." IIC - International Review of Intellectual Property and Competition Law 48, no. 8 (2017): 925–52. http://dx.doi.org/10.1007/s40319-017-0643-5.

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Gebeshuber, I. C., P. Gruber, and M. Drack. "A gaze into the crystal ball: Biomimetics in the year 2059." Proceedings of the Institution of Mechanical Engineers, Part C: Journal of Mechanical Engineering Science 223, no. 12 (2009): 2899–918. http://dx.doi.org/10.1243/09544062jmes1563.

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Biomimetics is a field that has the potential to drive major technical advances. It might substantially support successful mastering of major global challenges. In the first part of the article, the current state of biomimetics is reviewed, and goals and visions of biomimetics are presented. Subsequently, possible biomimetic scenarios to overcome the major global challenges, as indicated by the Millennium Project, are envisaged. Those of the 15 challenges (sustainable development, water, population and resources, democratization, long-term perspectives, information technology, the rich—poor ga

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Zenker, Ilona. "KNOWLEDGE BEYOND BORDERS." KNOWLEDGE INTERNATIONAL JOURNAL 30, no. 1 (2019): 273–75. http://dx.doi.org/10.35120/kij3001273z.

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―Common knowledge‖ refers to information that the average, educated citizen would accept as reliable without checking it up. The ―personal knowledge‖ possessed by any individual, usually accumulated through observation, research or personal experiences. ―Intellectual knowledge‖ is any product of the human intellect that the law protects from unauthorized use by others. Intellectual property is legally protected as patent, copyright or trademark. Knowledge can only skip borders in case of a proper knowledge transfer (KT). KT can be difficult because of different views on explicitness of knowled

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Reese, Willis L. M., Eugene F. Scoles, and Peter Hay. "Conflict of Laws." American Journal of Comparative Law 33, no. 2 (1985): 332. http://dx.doi.org/10.2307/840211.

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Vargas-Chaves, Iván, Sergio Trujillo-Florián, and Juan Pablo Guerrero-Veloza. "Invenciones inmorales: un análisis crítico sobre la prohibición de patentar invenciones que atentan contra la moral." Jurídicas 20, no. 1 (2023): 223–47. http://dx.doi.org/10.17151/jurid.2023.20.1.11.

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El presente artículo permite describir el conflicto existente entre lo moral y lo legalmente establecido en relación con la verificación de patentes que pueden afectar la moral pública, con el propósito de responder la pregunta: ¿Cuáles son los parámetros para delimitar el conflicto existente entre lo moral y lo legalmente establecido en relación con la verificación de patentes que pueden afectar la moral pública? Se tiene como impresión de sentido que el conflicto surge cuando la moral es cuestionada por la moral pública y que debe analizarse a partir del daño causado. El método es teórico-cu

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Ali, Younis Salahuddin. "قواعد تنازع القوانين الخاصة بالإلتزامات التعاقدية في الدولة الفيدرالية/ دراسة مقارنة بالمدونة الأمريكية الثانية". Journal of Legal and Political Studies 13, Special Issue 2025 (2025): 654–68. https://doi.org/10.17656/jlps.10316.

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This research is concerned with studying the scope of the application of the conflict of laws rules on the contractual obligations in the interstate conflict of laws in the federal state. The article adopts the U.S. law as a paradigm, in conformity with the U.S. second restatement of the conflict of laws, compared with the situation of the current conflict of laws rules in the Iraqi civil law No. (40) of 1951. The U.S. second restatement can solve the interstate conflict of laws on the contractual obligations, by both the article 187 and 188. It encompasses the solution of the interstate confl

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Harmon, Shawn H. E. "From conflicting narratives to legal conflicts." Medical Law International 12, no. 3-4 (2012): 191–203. http://dx.doi.org/10.1177/0968533213487059.

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Life sciences innovation has prompted both optimism and angst, and has been the subject of intensive economic and commercial activity. That activity has been supported by legal institutions and mechanisms in the form of intellectual property law deployments. However, recent jurisprudence has put the unaltered pursuit of commercial gain in the life sciences into some (slight) doubt, and has reinvigorated the so-called `life patents' debate. This paper considers these recent judicial developments, focusing in particular on how different narratives and approaches to biovalue have coloured litigan

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Rammeloo, Stephan. "Book Review: Conflict of Laws." Maastricht Journal of European and Comparative Law 9, no. 1 (2002): 104–7. http://dx.doi.org/10.1177/1023263x0200900106.

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Harvey, Cameron. "Succession and Conflict of Laws." Manitoba Law Journal 31, no. 1 (2005): 67. http://dx.doi.org/10.29173/mlj732.

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Vygovskyy, Oleksandr. "Conflict of laws issues related to securities transactions." Informatologia 52, no. 1-2 (2019): 45–54. http://dx.doi.org/10.32914/i.52.1-2.5.

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In this article we examine the conflict of laws issues of cross-border securities transactions. It deals with the problems of attributing lex situs to securities held under direct holding system and conflict of laws problems related to intermediated securities. We analyze possible variants of the conflict of laws rule for the securities and formulate our own attitude towards identification of the most efficient solutions of conflict of laws issues

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Vygovskyy, Oleksandr. "Conflict of laws issues related to securities transactions." Media, culture and public relations 10, no. 1 (2019): 57–66. http://dx.doi.org/10.32914/mcpr.10.1.6.

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In this article we examine the conflict of laws issues of cross-border securities transactions. It deals with the problems of attributing lex situs to securities held under direct holding system and conflict of laws problems related to intermediated securities. We analyze possible variants of the conflict of laws rule for the securities and formulate our own attitude towards identification of the most efficient solutions of conflict of laws issues.

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Mustafa, Sanaria Mohammed Nihad. "The Conflict of Laws in the Federal State Legal and practical mechanisms to address them-Iraq as a model." Journal of Legal and Political Studies 13, Special Issue 2025 (2025): 157–70. https://doi.org/10.17656/jlps.10283.

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The federal state is a political entity consisting of regional units that have legislative and executive powers within their regional scope, in addition to the federal government that supervises the affairs of the state in accordance. The fact that each region in the federal state has the legislative power may lead to the enactment of laws that may differ from the laws enacted by the federal government, which leads to conflict of laws. This conflict may be temporal, spatial, personal, or hierarchical. The internal conflict of laws, especially spatial conflict in the federal state, is a vital i

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Moser, Petra. "How Do Patent Laws Influence Innovation? Evidence from Nineteenth-Century World's Fairs." American Economic Review 95, no. 4 (2005): 1214–36. http://dx.doi.org/10.1257/0002828054825501.

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Studies of innovation have focused on the effects of patent laws on the number of innovations, but have ignored effects on the direction of technological change. This paper introduces a new dataset of close to fifteen thousand innovations at the Crystal Palace World's Fair in 1851 and at the Centennial Exhibition in 1876 to examine the effects of patent laws on the direction of innovation. The paper tests the following argument: if innovative activity is motivated by expected profits, and if the effectiveness of patent protection varies across industries, then innovation in countries without p

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Gold, E. Richard. "Patents and Human Rights: A Heterodox Analysis." Journal of Law, Medicine & Ethics 41, no. 1 (2013): 185–98. http://dx.doi.org/10.1111/jlme.12013.

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Patents and free trade make strange bedfellows. For most of their history, patents have been instruments deployed to resist trade with other countries, not to enhance it. Whether one looks at Venetian laws that punished citizens who practiced local crafts outside the city, the Mercantilist uses to which patents were put in Elizabethan England, or the cartels of the 19th and 20th centuries created on a foundation of interlocking patent rights, patents have had a distinctly protectionist function. It is thus ironic that it is intellectual property rights in general, and patents in particular, th

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Novikova, Tatiana V. "Application by Court of the Closest Connection Principle as General Gapfilling Conflict of Laws Rule." Rossijskoe pravosudie, no. 12 (November 25, 2021): 34–41. http://dx.doi.org/10.37399/issn2072-909x.2021.12.34-41.

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Problem Statement. Addition of new conflict of laws rules to the section VI of the Civil Code of the Russian Federation and exclusion of corresponding relations from the closest connection principle domain in 2013 raise the issue of this principle regulative potential in the modern context. Goals and Tasks of the Research. The main goal of the research is to substantiate relevance for application by court of the closest connection principle as general gap-filling conflict of laws rule. The indicated goal presupposes two tasks: firstly, on the basis of legal doctrine and judicial acts analysis

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Albasoos, Hani, and Nabil Al Musallami. "The conflict between Apple and Samsung over patents and copyrights." Bussecon Review of Social Sciences (2687-2285) 3, no. 3 (2020): 1–17. http://dx.doi.org/10.36096/brss.v3i3.206.

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This article seeks to explore the conflict between Samsung and Apple. The conflict has been one of the most outstanding patent wars in the history of the smartphone industry. Apple and Samsung are among the most popular manufacturers of commonly used smartphones and tablets. The conflict began when Apple decided to file a federal lawsuit in the US district court, accusing Samsung of copying some of its iPhone features in the Samsung Galaxy S II smartphone. The court ascertained that the gadget had similar characteristics to Apple, thus ordering Samsung to pay Apple for the damages. In response

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Kutuzov, I. M. "Features of Conflict of Laws Regulation of International Civil Law Relations in the Arab BRICS Countries." Courier of Kutafin Moscow State Law University (MSAL)) 1, no. 3 (2025): 75–81. https://doi.org/10.17803/2311-5998.2025.127.3.075-081.

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The article examines the main conflict-of-laws principles and norms enshrined in the national sources of the Arab states that are members of the BRICS. The features of the intra-industry codification of conflict-of-laws rules conducted in Egypt and the United Arab Emirates are highlighted, and the problems of conflict-of-laws regulation of private law relations in Saudi Arabia are indicated. Taking into account the role of Islam in the development of the legal systems of Arab countries, the article notes the influence of Islamic law on the conflict of laws of the Arab BRICS member states. Some

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Марышева, Наталия, and Nataliya Maryshyeva. "Modern Trends of Conflicts of Laws Regulation of Tort Liabilities: EU Regulation of 2007 “On the Law Applicable to Non-Contractual Obligations” (Rome II) and the Russian Legislation." Journal of Russian Law 4, no. 6 (2016): 0. http://dx.doi.org/10.12737/19766.

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The article is devoted to the conflict of laws regulation of torts under Rome II (Regulation (EC) No. 864/2007 of the European Parliament and of the Council of 11 July 2007 “On the law applicable to non-contractual obligations”) and under the Russian legislation. The analysis of the Rome II provisions and the relevant norms of the Civil Code of the Russian Federation (including significant changes made to the Code by the Federal Law of the Russian Federation, dated 30 September 2013) identifies current trends in the development of conflict of laws regulation of torts and the impact of the Rome

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Dolbow, Laura. "Public Patent Powers." Michigan Law Review, no. 123.4 (2025): 599. https://doi.org/10.36644/mlr.123.4.public.

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Congress has created multiple structures for agencies to control how patents are used, but that institutional design choice has received little academic attention. This Article provides the first comprehensive survey of existing laws that expressly authorize agencies to control patents. I locate 113 express conditions across 68 laws that expressly authorize executive actors to make some form of decision about patents. These powers, which I refer to as “public patent powers,” allow the government to use patented inventions, to obtain patents, to authorize third parties to use patented invention

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