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Journal articles on the topic 'Enforcement of Patent Rights'
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1
Geuze, Matthijs. "Patent Rights in the Pharmaceutical Area and their Enforcement." Journal of World Intellectual Property 1, no. 4 (November 1, 2005): 585–603. http://dx.doi.org/10.1111/j.1747-1796.1998.tb00023.x.
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Trotter, Andrew. "Enforcement Costs: Some Humanitarian Alternatives to Stronger Patent Rights." Medico-Legal Journal 80, no. 1 (March 2012): 22–32. http://dx.doi.org/10.1258/mlj.2011.011036.
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Rehan, Haider, Mehdi Asghar, and Kumari Das Geetha. "Intellectual property rights." i-manager's Journal on Economics & Commerce 4, no. 1 (2024): 45. http://dx.doi.org/10.26634/jecom.4.1.20931.
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This paper explores the complex relationship between drug patents and access to medicine, highlighting the implications for public health and innovation. Patents play a crucial role in incentivizing pharmaceutical innovation by granting exclusive rights to inventors for a limited period of time. However, the monopolistic nature of patents can hinder access to essential medicines, especially in developing countries where affordability is a significant barrier. This paper examines the balance between fostering innovation and ensuring affordable access to medication, emphasizing the tension between patent care and public health objectives. Key issues discussed include the impact of patents on drug pricing, the role of generic competition in lowering prices, and the strategies employed by pharmaceutical companies to extend patent protection. The paper also discusses the role of international trade agreements and intellectual property laws in shaping access to medicine, focusing on the flexibilities in compulsory licensing and parallel imports. Through a review of case studies and empirical evidence, this paper evaluates the impact of various policy interventions designed to reconcile patent rights with public health priorities. These include initiatives to promote technology transfer, strengthen generic competition, and enhance regulatory frameworks for patent examination and enforcement. The paper also considers the importance of balancing incentives for innovation with safeguards against abuse. This ensures equitable access to medicines for all.
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Sikorski, Rafał. "Towards a More Orderly Application of Proportionality to Patent Injunctions in the European Union." IIC - International Review of Intellectual Property and Competition Law 53, no. 1 (January 2022): 31–61. http://dx.doi.org/10.1007/s40319-021-01139-6.
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AbstractThe intensity of IP protection has traditionally been determined by assessing the criteria that need to be satisfied for the protection to be granted, as well as the scope of rights and limitations of those rights. The enforcement stage and the remedies available to right holders have for long been, if not neglected, then certainly treated with lesser attention. The rise of aggressive litigation strategies, especially in the field of patents, has brought the enforcement stage to the forefront of the discussion about the proper level of IP protection in general and patent law in particular. Injunctions provide particularly strong leverage at the enforcement stage, allowing patentees in some cases to obtain royalties that exceed the value of the protected inventions. The principle of proportionality can play an important role as a check on excessive litigation strategies by patentees. Flexibility, however, comes at the price of uncertainty and unpredictability as to the outcome of patent disputes. Therefore, it is crucial to apply proportionality in an orderly and structured manner. For that purpose, the article identifies a set of factors that may be helpful in applying proportionality in patent disputes. That set of factors is well grounded in the traditions of the laws of the EU Member States.
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Gao, Hua. "Chinese Legislation and Theoretical Basis for Patent Parallel Import: Consideration of Parallel Import of Pharmaceutical Patents During the Pandemic." Scientific and Social Research 6, no. 1 (January 29, 2024): 71–84. http://dx.doi.org/10.26689/ssr.v6i1.5916.
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The current Chinese Patent Law permits parallel import, but its theoretical basis is disputed. Neither theprinciple of domestic exhaustion of rights nor the principle of international exhaustion of rights can be used as thetheoretical basis to support parallel import. Chinese legislation can set aside the traditional dispute between the principleof exhaustion of rights and the principle of territoriality, support parallel import in principle, and make exceptions in whichparallel import can be prohibited if the parallel importer violates the contract or authorization agreement or conductsunfair competition to damage the legitimate rights and interests of the patentee or the consumer. The primary objective oflegislation on parallel imports of pharmaceutical patented products should be better protection of public health. Permittingparallel import of patented medicine is of utmost significance to decrease the price of patented drugs and expand theaccessibility of drugs. However, we should also prevent the import of fake and inferior goods. China should be cautiousabout permitting the parallel import of “repackaged” pharmaceutical patented products in legislation and law enforcement.Regarding administrative enforcement, the customs should set up special supervision authorities for patent import andexport, and standardize the enforcement procedure for parallel import.
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DAVIS, LEWIS S., and FUAT ŞENER. "INTELLECTUAL PROPERTY RIGHTS, INSTITUTIONAL QUALITY AND ECONOMIC GROWTH." Journal of International Commerce, Economics and Policy 03, no. 01 (February 2012): 1240005. http://dx.doi.org/10.1142/s1793993312400054.
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We consider intellectual property rights (IPRs) in a Schumpeterian growth model in which patent holders face the threats of profit loss due to imitation and complete valuation loss due to outside innovation. We disaggregate IPR policies by distinguishing between the quality of the IPR regime and the intensity of IPR enforcement. An increase in the quality of the IPR regime unambiguously promotes growth. However, the relationship between IPR enforcement intensity and growth follows an inverted U-shaped curve. The growth-maximizing intensity of IPR enforcement is decreasing in institutional quality. We also investigate the model's welfare implications and examine the economy under a no-growth equilibrium.
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Kulakov, N. A. "Administrative Responsibility as a Means of Protection of Patent (Inventor’s) Rights in the Russian Federation: Some Issues of Legal Regulation." Lex Russica, no. 5 (May 20, 2020): 9–17. http://dx.doi.org/10.17803/1729-5920.2020.162.5.009-017.
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The purpose of the research paper is to study the problems of legal regulation of administrative liability in the field of patent law. As a result of the conducted research, the author comes to the conclusion that administrative responsibility as a means of legal protection of patent rights possesses significant potential capacity. However, a number of factors do not allow this potential to be enforced to the necessary extent. The author enumerates the following factors: latency of administrative offenses in the field of the patent legislation and lack of confidence of rights’ holders in law enforcement agencies in this area; low level of legal qualification of law enforcement officials in the field of the patent legislation; problems of the normative and legal regulation of administrative liability for infringement of patent rights. The author sees the solution to the problem of increasing the efficiency of administrative responsibility in the field of the patent legislation as a complex counteraction to the above factors. Within the framework of the paper special attention is paid to the problems of legal regulation of administrative liability in the field of patent legislation. The author analyzes Para 2 of Art. 7.12 of the Code of Administrative Offences of the Russian Federation, which provides for liability for violation of patent and inventor’s rights. The author comes to the conclusion about the need to develop this legal rule and defines a number of proposals for amending the current legislation. In addition, in order to ensure a comprehensive and effective protection of the right to remuneration for an invention (utility model, industrial design), a proposal has been formulated to expand the jurisdiction of the federal labor inspectorate and introduce the consequential amendments to the secondary legislation.
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Ruzakova, O. A. "Issues of Authors’ Rights Protection of the Service Objects of Patent Rights." Lex Russica, no. 5 (May 24, 2022): 63–70. http://dx.doi.org/10.17803/1729-5920.2022.186.5.063-070.
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Most of the objects of patent law are created as service objects. At the same time, despite a rather detailed regulation of the legal regime of service inventions and other objects of intellectual rights in the Civil Code of the Russian Federation and clarification in judicial practice, problems both in terms of legal regulation and in terms of law enforcement in this area remain unsettled. The paper discusses the reasons for the refusal to recognize and regulate as service objects the objects of related rights, the problems of the relationship between the regime of service secrets of production (know-how) and objects of patent law, in respect of which the employer decided to keep information secret, the issues concerning the legal regime of service objects created with the help of artificial intelligence, as well as ensuring the author’s right for remuneration for a service object of patent law based on the amendments to Federal Law No. 456-FZ dated 22 December 2020 «On Amendments to Parts Two and Four of the Civil Code of the Russian Federation and the Invalidation of Legislative Acts (Certain Provisions of Legislative Acts) of the Russian Federation», etc. Conclusions are aimed at protecting the rights of authors-employees, in particular at the need to recognize authorship for an employee who created artificial intelligence, etc. Taking into account different points of view and the law enforcement practice, the author draws special attention to the issues of recognition of the official result of intellectual work created by the person superior to the employer operating on the basis of an employment contract (in the absence of a task, notification of the employer, etc.), which is established on the basis of the relationship between the work carried out by the director of the work and the creation of this object, as well as co-ownership of the exclusive right to a service object created by employees and authors who are not employees.
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Alexiou, Constantinos, Joseph Nellis, and Nikolaos Papageorgiadis. "The effect of patent enforcement strength and FDI on economic growth." Multinational Business Review 24, no. 4 (December 12, 2016): 334–53. http://dx.doi.org/10.1108/mbr-07-2016-0024.
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Purpose This paper aims to study the effects of the strength of patent enforcement on economic growth following the signing of the agreement on Trade-Related Aspects of Intellectual Property Rights and the role of inward foreign direct investment (FDI) flows in mediating and enhancing this relationship. Design/methodology/approach Following a generalized method of moments methodology, use is made of a new longitudinal index measuring the strength of enforcement-related aspects of patent systems. Findings Stronger levels of patent enforcement have a significant positive effect on the economic growth of both developed and developing countries. Importantly, inward FDI flows have a mediating role in positively boosting this effect for all countries and particularly for developed countries. Originality/value This is the first empirical study of the role of the strength of patent enforcement (“law in action”) in stimulating economic growth, as previous empirical studies have focused on the effect of the strength of patent law protection (“law on the books”). The failure in the past to allow for “law in action” was mainly due to the lack of available data that could proxy for the strength of patent enforcement levels in a country. This study utilizes a newly published, longitudinal index that captures the strength of the enforcement-related aspects of patent systems.
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Gallini, Nancy T. "The Economics of Patents: Lessons from Recent U.S. Patent Reform." Journal of Economic Perspectives 16, no. 2 (May 1, 2002): 131–54. http://dx.doi.org/10.1257/0895330027292.
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U.S. patent reform over the past two decades has strengthened the legal enforcement of patent rights and has extended protection to new subject matter, such as genetically engineered life forms and business methods. This paper highlights these and other policy changes and the debate that this apparent increase in protection has sparked. While the case for stronger patents as a spur to innovation is a weak one, as revealed by recent theoretical and empirical research, evidence that they encourage disclosure and technology transfer is persuasive. The paper discusses the social costs and benefits of these effects from the policy changes and proposals for alleviating the costs through further patent reform.
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LEE, Jinhee. "Experimental Use of Pharmaceutical Patented Inventions and Limitations on Patent Rights Enforcement." Justice 201 (April 30, 2024): 177–218. http://dx.doi.org/10.29305/tj.2024.4.201.177.
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Zaki, Muhammad Reza Syariffudin, and Muhammad Farhan Akmal. "COVID-19 VACCINE LEGAL PROTECTION THROUGH PATENT FOR PUBLIC INTEREST." Transnational Business Law Journal 2, no. 1 (February 26, 2021): 50–67. http://dx.doi.org/10.23920/transbuslj.v2i1.694.
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Patents are rights granted by the state to inventors for their inventions in the field of technology for a certain period of time. However, a rigid patent protection can disrupt the public interest. Therefore, the undergraduate thesis research entitled Legal Protection of Covid-19 Vaccines through Patents for Public Interest was conducted. The research conducted by juridical normative legal research methods, statutory approaches, and conceptual approaches. TRIPs Agreement, Paris Convention, Indonesian Patent Law 2016 and President Regulation No. 77/20 are the main objects of study. This research aims to answer (1) how the legal protection of the Covid-19 vaccine for the public interest, and (2) how to resolve disputes against the Covid-19 patent rights holder in Indonesia. After conducting a study, it can be concluded that patents can be implemented by the government without the authority from the patent holder in an emergency situation. In the return, a worth compensation must be given to the patent holder. If a dispute arises, it can be resolved through litigation or alternative dispute resolution (ADR), but preferably through ADR at BAM HKI. This is in purpose to empower BAM HKI, as well as to support and promote the enforcement of intellectual property rights in Indonesia.
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Sampa, Precious, and Sazib Hossain. "Innovation and Intellectual Property Rights: A Case Study of Zambia." Middle East Research Journal of Economics and Management 4, no. 06 (December 4, 2024): 186–94. https://doi.org/10.36348/merjem.2024.v04i06.002.
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The paper explores the intricate relationship between innovation and intellectual property rights (IPRs) within Zambia's diverse economic sectors. It investigates the impact of patent filings, research and development (R&D) expenditure, the number of science graduates, government funding, and international collaborations on fostering innovation across Zambia's ten provinces. The study highlights Zambia's efforts to enhance its innovation ecosystem through government policies, stakeholder contributions, and international partnerships. Despite significant strides, challenges such as limited R&D funding, inadequate infrastructure, and weak enforcement of IPRs persist. The research findings reveal that increased R&D expenditure and a higher number of science graduates significantly boost patent filings, underscoring the critical role of investment in research and education. However, the effectiveness of government funding in driving innovation remains uncertain. The paper concludes with recommendations for strengthening Zambia's innovation framework, emphasizing the need for robust IPR enforcement, enhanced public awareness, and continued support for higher education and international collaboration. This study provides valuable insights into the role of IPRs in promoting innovation in developing countries, with broader implications for similar economies.
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Nicol, Dianne, and John Liddicoat. "Do patents impede the provision of genetic tests in Australia?" Australian Health Review 37, no. 3 (2013): 281. http://dx.doi.org/10.1071/ah13029.
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Objective. Health policy and law reform agencies lack a sound evidence base of the impacts of patents on innovation and access to healthcare to assist them in their deliberations. This paper reports the results of a survey of managers of Australian genetic testing laboratories that asked a series of questions relating to the tests they perform, whether they pay to access patented inventions and whether they have received notifications from patent holders about patents associated with particular tests. Results. Some diagnostics facilities are exposed to patent costs, but they are all located in the private sector. No public hospitals reported paying licence fees or royalties beyond those included in the price of commercial test kits. Some respondents reported having received enforcement notices from patent holders, but almost all related to the widely known breast cancer-associated patents. Respondents were also asked for their views on the most effective mechanisms to protect their ability to provide genetic tests now and in the future. Going to the media, paying licence fees, ignoring patent rights and relying on the government to take action were widely seen as most effective. Litigation and applications for compulsory licences were seen as some of the least effective mechanisms. Conclusion. These results provide an evidence base for development of health policy and law reform. What is known about the topic? The impact of patents on the delivery of genetic testing services remains unclear in Australia. What does this paper add? The survey reported in this paper suggests that, aside from well-known enforcement actions relating to the breast cancer associated patents, there is little evidence that providers of genetic testing services are being exposed to aggressive patent-enforcement practices. What are the implications for practitioners? Although patent-enforcement actions may increase in the future, a range of strategies are available to providers of testing services to protect them against adverse consequences of such actions. There are ongoing law reform activities aimed at improving these strategies.
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Wang, Ling, Xu Zhi, Haokun Ke, Sainan Lv, Ning He, Hong Zhou, and Hongxia Hao. "Global patent statistical analysis for drug testing technology." Technology and Health Care 29 (March 25, 2021): 415–25. http://dx.doi.org/10.3233/thc-218039.
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BACKGROUND: In recent decades, illicit drug testing has become a high priority area in law enforcement and forensic analysis. OBJECTIVE: Since patents are the largest source of technical information in the world, patent database analysis for illicit drug testing is extremely important to effectively promote the development and protection of the related intellectual property rights. METHODS: In the present study, we first retrieve a database of 1732 drug detection patents using keywords and logical expressions related to the title, abstract, and claims, and subsequently discuss the current global patent statistics in detail. RESULTS: The relevant patent information is presented, including patent application quantity, filing country, ownership, and technical field. CONCLUSIONS: Finally, we summarize the current development trend in drug testing and propose several suggestions focused on the bottleneck of analytical techniques.
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Laksminarti, Laksminarti. "Kebijakan Pemerintah Dalam Perlindungan Hak Kekayaan Intelektual (HAKI) Di Indonesia." Pencerah Publik 5, no. 2 (October 13, 2018): 27–33. http://dx.doi.org/10.33084/pencerah.v5i2.1012.
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This research aims to obtain a picture of the policy in the field of intellectual property rights as well as legislation and law enforcement of intellectual Property Rights (HAKI). The increasingly high-flow of free trades that demand the higher creativity of the resulting products proved increasingly spur on the technological developments that support these needs. Along with this, it began to realize the importance of the role of intellectual Property Rights (HAKI) in supporting technological developments. This is seen from the increasingly high number of copyright, patent and trademark applications and the sufficient number of industrial design applications addressed to the Directorate General of Intellectual Property Rights, the Office of the jurisdiction and human rights.
By using a descriptive analysis obtained the idea that the implementation of good intellectual property rights system not only requires the legislation in the field of intellectual property right but should be supported also by Administration, law enforcement and an optimal socialization program on intellectual property Rights (HAKI).
The results of the research show that at this time, Indonesia has had a legal device in the field of intellectual property rights which is adequate and does not contradict the provisions as required in Agreement on Trade-Related Aspect Of Intelectual Property Rights. In principle, all rules of intellectual property rights have been prepared about the interests of the Community and by the minimum provisions as required by TRIPS approval (Agreement on Trade-Related) Aspect Of Intelectual Property Rights).
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Nandan Sharma. "Genesis of Patent: An Insight of Intellectual Property Rights Theories." Legal Research Development: An International Refereed e-Journal 1, no. III (March 30, 2017): 76–91. http://dx.doi.org/10.53724/lrd/v1n3.07.
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Intellectual property is the property which has been created by exercise of intellectual faculty. India has a long history of protection of Intellectual Property Rights through a system of well developed substantive laws and established legal and administrative practice. It has a well developed structure for the enforcement of Intellectual property rights. The importance of patent system for stimulating inventions, research and development of the country is well recognized in India. The progress and prosperity of a nation depends upon the level of scientific, industrial and technological development. The main purpose of the researcher in this paper is to put some light on the genesis of patent which the researcher has tried to put forward by discussing the theories of Intellectual PropertyRights in detail and depth. Various theories like labour theory, inventive theory, schumpeterian theory, metaphysical theory have been vital in the development of intellectual property laws in India and abroad.
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Jayaraman, Krishnamani. "Dutch judicial entrepreneurship towards legitimizing intellectual property rights." Maastricht Journal of European and Comparative Law 27, no. 5 (October 2020): 684–94. http://dx.doi.org/10.1177/1023263x20954627.
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In its recent judgment in the Sisvel v. Xiaomi case, the Court of Appeal of the Hague has demonstrated how European national legal systems and judiciary therein strive to uphold legitimacy of the intellectual property system. Involving dimensions of both substantive patent law and competition law, the case emphasized proportionality etched in European Union law to determine the legitimate cohesive balance for stakeholder economic interests in the protection, enforcement and use of intellectual property rights. This case note documents the salient features of the judgment and further comments on striking legal concepts that marked the case.
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Girindra, Ida Ayu Vipra, Afifah Kusumadara, and Yenny Eta Widyanti. "The Legal Protection for Patent Holders in Divided Infringement in Indonesia." Jurnal Magister Hukum Udayana (Udayana Master Law Journal) 13, no. 4 (December 31, 2024): 816. https://doi.org/10.24843/jmhu.2024.v13.i04.p05.
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This research aims to analyze the elements of patent infringement in divided infringement cases and the legal protection for patent holders in Indonesia. The research employs a normative juridical research method, selected due to the legal vacuum. The approaches used include the Legislative Approach, Comparative Approach, and Case Approach, which collectively establish guidelines regarding the key issues addressed in this study. The research findings reveal that current Indonesian patent law, as outlined in Law No. 13 of 2016, does not regulate the elements present in divided infringement, leading to legal gaps in protecting patent holders. The absence of provisions for indirect infringement leaves patent holders vulnerable and limits their ability to seek compensation from those who contribute to violations in divided infringement. To address these issues, the article recommends that Indonesia adapt regulations encompassing indirect infringement and enhance the legal framework protecting the exclusive rights of patent holders. This adaptation would not only promote innovation but also provide clearer avenues for legal recourse against parties contributing to patent infringement, thereby reinforcing the enforcement of intellectual property rights in Indonesia.
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Hasudungan, Andrie Cornelius, and Rianda Dirkareshza. "Legal Responsibility of Third Parties for Patent Infringenment." Jurisprudentie : Jurusan Ilmu Hukum Fakultas Syariah dan Hukum 11, no. 2 (December 23, 2024): 181–92. https://doi.org/10.24252/jurisprudentie.v11i2.53267.
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Patent rights not only facilitate new inventions but also encourage research and development through clear legal protection. They protect inventors from the unauthorized use or exploitation of their work. Patent infringement is a significant issue in intellectual property law that involves third parties. These third parties can be held legally accountable if they are involved in supplying or distributing products that infringe on patent rights. The aim of this research is to assess the effectiveness of patent law in protecting patent holders and to understand the responsibilities of third parties regarding patent infringement in Indonesia. The methodology used in this study is normative legal research with a statute approach. The statute approach is a research method that prioritizes legal materials in the form of legislation as the primary reference in conducting research. The findings indicate that although patent law in Indonesia provides a clear foundation for protecting the rights of patent holders, its implementation still faces challenges that reduce its effectiveness. One of the indicators of the lack of effectiveness of a regulation is that, despite some years with zero cases/complaints, the number of cases reappears in subsequent years, indicating that the system fails to maintain its effectiveness. Weak law enforcement creates uncertainty for patent holders. While there are mediation and arbitration mechanisms available, inconsistent implementation worsens the situation. Furthermore, third parties involved in patent infringement in Indonesia have legal responsibilities that must be fulfilled. Those who infringe patents can be subject to Article 161 of the Patent Law, which may impose penalties of up to four years in prison and/or fines of up to IDR 1 billion, with lighter sanctions for simple infringements. Keywords: Patent Protection; Responsibility; Third Parties
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Elisa, Elisa. "Law Enforcement of Patent Rights in Indonesia in Decree Number 25 PK/Pdt.Sus-HKI/2015 Jo. Decree Number 295 K/Pdt.Sus-HaKI/2013 Jo. Decree Number 53/Patent/2012/PN.Niaga. Jkt. Pst." International Journal of Multicultural and Multireligious Understanding 10, no. 5 (May 15, 2023): 207. http://dx.doi.org/10.18415/ijmmu.v10i5.4641.
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The nature of Intellectual Property Rights is vulnerable to violations so protection is urgently needed. In principle, IPR legal protection contains recognition of said IPR, rights that within a certain period of time enjoy or exploit these assets, can only enjoy or exploit these rights with the permission or license of the right owner, because protection and recognition can only be given specifically or exclusively to the party owning the intellectual property. The formulation of the problem in this study is how is the position of patent enforcement cases in Indonesia in Decision No. 25 PK/Pdt.Sus-HKI/2015 jo. Decision Number 295 K/Pdt.Sus-HaKI/2013 jo. Decision Number 53/Paten/2012/PN.Niaga.Jkt. Pst? (2) How is the analysis of Decision Number 25 PK/Pdt Sus-HKI/2015 jo. Decision Number 295 K/PdtSus-HaKI/2013 Junto Decision Number 53/Paten/2012/PN NiagaJktPst? The method used is descriptive qualitative, data sources obtained from books, articles, decisions, and laws. The results of this study are that there are many violations of intellectual property ownership in Indonesia and these violations become disputes either filed in court or resolved out of court. The Commercial Court has the authority to examine and decide on other cases in the field of commerce which are determined by law, including those in the field of IPR, especially patents. The procedural law used is lex specialist. In Decision Number 53/Paten/2012/PN.Niaga.Jkt. Pst. dated March 13, 2013, the Commercial Court at the Central Jakarta District Court rejected the Plaintiff's claim. However, at the cassation level, the decision was canceled by the Supreme Court of the Republic of Indonesia through Decision Number 295 K/Pdt.Sus-HaKI/2013 dated 5 September 2013 and then in line with Decision Number 25 PK/Pdt.Sus-HKI/2015 dated 29 May 2015 at the Review level. It can be concluded from the a quo decision, namely that an essential element in obtaining a patent is "the element of novelty of the invention".
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Chakrabarty, Ananda M. "Intellectual property rights and contentious legal and social issues in biotechnology." SALUTE E SOCIETÀ, no. 3 (November 2010): 183–202. http://dx.doi.org/10.3280/ses2010-003012-ing.
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It is widely recognized that scientific and technological innovations are key to industrial and economic development of a country. Innovations, however, must be protected, usually through patent or copyright laws, before they can be marketed globally. Thus sensible patent laws, and their legal enforcement, are important for the advancement of economic and industrial development. Patent laws, as mentioned here, are complex and subjective, so that patent infringement cases are plentiful and often unpredictable. Given the rapid advancements of the science of genetics and biotechnology during the last 30 years, and the propensity to create intellectual property out of a bourgeoning field of science, many interesting cases have been decided in the courts of law or have been subjects of deliberations in the legislative bodies of individual countries. This article summarizes some of the interesting court cases involving genetics and biotechnology, mainly in the United States, and points to some of the differences between the judicial systems in Europe and in the United States, concerning both intellectual property laws and the concept of morality and public order, as well as their impacts on our society.
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Barabashev, A. G., and D. V. Ponomareva. "PATENT TROLLING AND LEGAL REGULATION OF ARTIFICIAL INTELLIGENCE (EXPERIENCE OF THE UNITED STATES OF AMERICA)." Courier of Kutafin Moscow State Law University (MSAL)), no. 1 (April 7, 2021): 39–46. http://dx.doi.org/10.17803/2311-5998.2021.77.1.039-046.
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The article deals with a unique legal phenomenon that requires regulation in the context of protecting the rights of inventors to the results of scientific activity — patent trolling. Due to the imperfection of the patent system and patent legislation, the subjective rights of “bona fide inventors” in the field of scientific and innovation activities are constantly violated by “patent trolls”. On the example of the law enforcement practice of the United States of America, legal methods of countering this phenomenon are illustrated, the conditions conducive to its occurrence are analyzed. A conclusion is presented on the need to take into account the experience of the United States when amending the legislation of the Russian Federation on patent protection. It is noted that in the era of the fourth industrial revolution, the issue of combating “unscrupulous” copyright holders becomes one of the most acute. The criteria for assessing the “bad faith” of a patent infringement claim, developed by an American legislator, can become the basis for the development of similar legal norms on Russian soil and throughout the post-Soviet space.
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Harris, Brian. "Active Promotion of Useful Arts." Texas A&M Law Review 4, no. 2 (March 2017): 241–60. http://dx.doi.org/10.37419/lr.v4.i2.4.
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The U.S. Constitution grants Congress the power “[t]o promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.” To this end, Congress created the copyright system “[t]o promote the Progress of Science” and the patent system for promoting the progress of useful arts. The American patent system can be though of as a vehicle for converting an intangible idea into a form of property. Since the beginning of the American patent system, social benefit has been a key component of the decision to grant a patent. Some view patent rights as a form of monopoly, termed a “patent monopoly.” Because early Americans had strong anti-monopoly sentiments, their decision to institute a system that would allow for a patent monopoly demonstrates a recognition of the importance of furthering collective knowledge. However, a patent can be essentially worthless if its owner is unable to enforce it. While a patent confers the right to exclude others from making, using, or selling whatever the patent claims, this right has been restated by some to actually be more akin to “a right to try to exclude” others. One reason is that the right to exclude can only be exercised on the condition that the patent owner also has the financial means to exclude. There is no criminal penalty for patent infringement. Instead, patent infringement is strictly a civil matter and patent owners are responsible for the costs associated with enforcement. Thus, if a patent owner is unable to afford the cost of litigation, the right to exclude might as well not exist.
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Hutabarat, Binsar Mariz Juan Alfredo, Mamay Komariah, and Ratna Indayatun. "TINJAUAN YURIDIS TERHADAP PELANGGARAN HAK ASASI MANUSIA YANG DILAKUKAN OLEH APARAT PENEGAK HUKUM KEPADA DEMONSTRAN DI KOTA TANGERANG BERDASARKAN TEORI SOSIOLOGI HUKUM." SUPREMASI HUKUM 19, no. 02 (October 31, 2023): 100–108. http://dx.doi.org/10.33592/sh.v19i02.3998.
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Human rights are every human's. His existence is an absolute thing. But in application, human rights abuses continue to occur. Human rights abuses are also carried out by law enforcement officials to demonstrators. What factors have led to the action of human rights abuses by law enforcement officials to demonstrators on the basis of law sociology theory and how the law's certainty to law enforcement officials on human rights became the object of study. Then the study may be useful for the development of law science, law enforcement officers as well as for demonstrators or communities. The study adopted an empirical juridical approach. Studies are conducted by conducting interviews with relevant sources as well as books and laws as research guides. The theories used in this study are the theories of law sociology, of certainty of law and of justice. Research suggests that the spontaneous process of human rights abuses by law enforcement officials has been carried out by demonstrators. Legal certainty for law enforcement agencies that violate human rights has also been done according to action. However, law enforcement officials need to be more patient with guarding demonstrations in order to resort to violence or unlawful behavior of any thinks.
Keywords: Human Rights; Law Enforcement Officials; Demonstrators.
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Portnova, Marina. "Ownership and Enforcement of Patent Rights in Russia: Protecting an Invention in the Existing Environment." Indiana International & Comparative Law Review 8, no. 2 (January 2, 1998): 505–49. http://dx.doi.org/10.18060/17817.
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Ghafele, Roya, and Charles Dennery. "Patent licensing in the shadow of the Directive on the Enforcement of Intellectual Property Rights." Journal of Intellectual Property Law & Practice 13, no. 8 (February 21, 2018): 633–43. http://dx.doi.org/10.1093/jiplp/jpx236.
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SAMAD, GHULAM, and RABIA MANZOOR. "GREEN GROWTH: IMPORTANT DETERMINANTS." Singapore Economic Review 60, no. 02 (June 2015): 1550014. http://dx.doi.org/10.1142/s0217590815500149.
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We discuss the important determinants requires to develop green patents, which eventually reinforce green growth. The theoretical framework examined four elements, the enforcement of intellectual property rights (IPRs), research and development (R&D) expenditures, market size and environmental taxations. We empirically test the green patent data to test the interrelationship of green patents representing the green innovations and IPR, R&D expenditures, market size and environmental taxations. Keeping in view the availability of the data we studied 11 developed countries, which are Austria, Australia, Canada, France, Japan, Finland, Germany, Sweden, U.K and U.S. The panel data can better handled the technological change rather than the pure cross section or pure time series data. Therefore, this study used the Pooled Least Square estimation techniques like Fixed Effect Model (FEM) and random effect model (REM) for both balance period of 1995–2010 and unbalanced period from 1995–2010. We only interpreted the balance period results depicting the enforcement of IPRs has negative and significant impact on green patents while the R&D expenditures, market size and environmental taxations has positive and significant impact on the green patents e.g. development of green innovations. We believe that the enforcement of explanatory variables will eventually acquire green growth.
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Kurniawan, I. Gede Agus, Putu Aras Samsithawrati, and Ni Ketut Supasti Dharmawan. "Legal Protection for Intellectual Property Holders in Business Activities in The Era of The Industrial Revolution 4.0." Jurisprudentie : Jurusan Ilmu Hukum Fakultas Syariah dan Hukum 11, no. 1 (June 30, 2024): 74–81. https://doi.org/10.24252/jurisprudentie.v11i1.48076.
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The Industrial Revolution 4.0 brings new challenges in the protection of intellectual property rights (IPR) for business activities, such as the increased potential for IPR violations through massive digital dissemination, cross-border infringements, and the need for regulatory adjustments to accommodate the latest technological developments. Efforts to protect IPR in the digital era require more effective law enforcement, strong international cooperation, increased public awareness, and the availability of competent human resources in the field of IPR. The aim of this study is to analyze the legal protection for intellectual property rights holders in business activities during the Industrial Revolution 4.0 and to identify the challenges faced in these legal protection efforts. This research is normative legal research using a statute approach and a conceptual approach to examine primary, secondary, and tertiary legal materials related to the protection of intellectual property rights in business activities during the Industrial Revolution 4.0. Data collection techniques are carried out through literature studies and qualitative data analysis to understand legal concepts, identify problems, and find solutions in the legal protection of intellectual property rights holders. The results of the study show that the legal protection for intellectual property rights (IPR) holders in business activities during the Industrial Revolution 4.0 is regulated by various laws in Indonesia, such as the Copyright Law, Trademark Law, Patent Law, and Trade Secrets Law. Although there is already a legal framework, IPR protection in the digital era faces new challenges such as digital infringement, trade secret theft through illegal access, and online trademark and patent violations. The government has taken steps such as the enactment of the Information and Electronic Transactions Law (ITE Law), the establishment of the Directorate General of Intellectual Property (DJKI), and the signing of international agreements related to IPR. However, comprehensive efforts are needed from the government, businesses, and the public through regulatory improvements, law enforcement, socialization, IPR registration, information system security, monitoring, and international cooperation to effectively protect IPR. The main challenges include rapid technological development, cross-border violations, lack of public understanding, limited competent human resources, and still less effective law enforcement.
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Strakhov, A. F. "ASPECTS OF PROTECTION OF DEVELOPMENT ENTERPRISE’S RIGHTS TO INTELLECTUAL PROPERTY ITEMS." Issues of radio electronics, no. 6 (June 20, 2018): 75–81. http://dx.doi.org/10.21778/2218-5453-2018-6-75-81.
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When performing research, development, and engineering (RD&E) financed using state, regional, or municipal budget funds, legal relations between a customer and a RD&E contractor with regard to ownership of a created intellectual property are regulated by Part 4 of the Civil Code of the Russian Federation [1]. The intellectual property includes patentable innovative solutions which are qualified as intellectual property items. According to the applicable legal standards and law enforcement practice, patent protection obligations with regard to the created intellectual property items are imposed on the RD&E contractors. However, patent right holders with regard to these intellectual property items are the RD&E customers. As a result, the RD&E contractors face several difficulties, delays, and limitations with regard to patenting the intellectual property items and do not obtain necessary privileges to the full extent in connection with patenting the created intellectual property items. This article analyses the applicable procedure for distribution of the rights and obligations between the contractors and customers of the RD&E with regard to the patent protection of the created intellectual property items. Using experience of JSC Principle Production and Technical Company Granit as an example, a possibility of protecting RD&E contractors' interests by pre-emptive patenting of the intellectual property items prior to RD&E activities start is explained.
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Fedorenko, V., T. Chabanets, and O. Foia. "PROVIDING THE CUSTOMS AUTHORITY OF UKRAINE THE CONTROL OVER THE MOVEMENT OF GOODS THAT CONTAIN SIGNS OF INTELLECTUAL PROPERTY OBJECTS: THEORY AND PRACTICE PROBLEMS OF FORENSIC RESEARCH." Criminalistics and Forensics, no. 65 (May 18, 2020): 606–23. http://dx.doi.org/10.33994/kndise.2020.65.60.
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The publication is devoted to the current problems of the theory and practice of providing by the officials of the specialized unit of the customs authority, in which, according to the official instructions, the functions performed to promote the protection of intellectual property rights and officials of the customs clearance unit of the customs authority of Ukraine. It is also considered the effective control over the movement of goods containing signs objects of intellectual property rights, as well as substantiation of proposals for improvement of the relevant law enforcement practice. Investigations, using special knowledge of forensic expertise are problematic questions concerning definition of the volume of rights of a utility model protected by a patent; the essential features that can be characterized by the object (product) protected by the patent for a utility model; requirements for the formulation of signs of a utility model established today by the current legislation. This is also concerned the determination of the technical nature and specific features of the object (product) subject to customs clearance, and regarding which there are questions of violation of the intellectual property rights; interpretation of the patent formula without studying the patent description for a utility model. There are also principles that should be guided by the allocation of signs in accordance with the formula of the utility model; identification of signs of an object (product) subject to customs clearance; principles that should be guided by comparable features of a formula protected by a patent with signs of an object (product) subject to customs clearance, etc. The proposals for improving the practice of preventing the customs authorities from moving counterfeit goods the importation of which into the customs territory of Ukraine or removal from this territory is a violation of intellectual property rights is substantiated.
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Dai, Jianmin, Zhisong Deng, and Song K. Jung. "Antitrust Enforcement Against Standard Essential Patents in China." Antitrust Bulletin 62, no. 3 (August 16, 2017): 453–64. http://dx.doi.org/10.1177/0003603x17718681.
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Entering into the ninth year of the Anti-Monopoly Law of the People’s Republic of China (AML) in force, China has tackled high-profile cases, promulgated and implemented relevant rules and interpretations in regard to the interface between anti-monopoly and intellectual property rights, while relevant guidelines are in process at the same time. On one hand, the competition authorities in the tripartite system of antitrust enforcement have respectively shown their attitudes towards relevant issues concerning intellectual property rights (IPR)–related anticompetitive conducts by initiating investigations and drafting guidelines. On the other hand, judicial remedies tend to be applied for in parallel, when enterprises who suffered anticompetitive treatment filed complaints to courts.
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Weinrib, Laura. "AGAINST INTOLERANCE: THE RED SCARE ROOTS OF LEGAL LIBERALISM." Journal of the Gilded Age and Progressive Era 18, no. 1 (January 2019): 7–31. http://dx.doi.org/10.1017/s1537781418000580.
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This article argues that important antecedents of post-New Deal American liberalism emerged in response to the First Red Scare. As war hysteria gave way to patent antiradicalism, the pervasiveness of peacetime state-sponsored repression undermined progressive confidence in administrative governance and generated support for so-called personal rights. At the same time, the suppression of meaningful labor activity during the early 1920s buttressed conservative confidence in the judiciary and emboldened lawyers and business advocates to oppose state policing of putatively private beliefs. The result was increasing convergence around a new liberalism, defined against “intolerance,” which laid the groundwork for judicial enforcement of free speech and minority rights.
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Latyntsev, A. V. "Proposals for Differentiating Remuneration for Patent Holders in the Context of Limiting their Exclusive Rights in Healthcare." Actual Problems of Russian Law 18, no. 12 (November 17, 2023): 93–103. http://dx.doi.org/10.17803/1994-1471.2023.157.12.093-103.
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The paper discusses current issues of legal response to unfair or ineffective actions of patent holders in the exercise of their exclusive rights in the field of healthcare. As a legal response tool in these circumstances, the author proposes not only to limit exclusive rights in accordance with the rules of Art. 1360, 1360.1 and 1362 of the Civil Code of the Russian Federation, but also differentiate the amount of remuneration (commensurate compensation) due to patent holders. It is proposed to reduce the amount of this remuneration (up to its zeroing) depending on the presence of factors of dishonesty of actions or inaction of patent holders that affected the availability on the Russian market of pharmaceutical and medical goods, works and services in which the corresponding objects of patent protection are used. The proposed differentiation, on the one hand, will stimulate patent holders to take more active steps aimed at ensuring the availability of relevant pharmaceutical and medical goods, works or services on the Russian market. On the other hand, in law enforcement practice, it will respond consistently and more effectively to unfair actions or inaction of rights holders, which led to problems with the availability of highly socially important goods in the healthcare sector. At the same time, it is noted that it is unfair to equalize all foreign patent holders associated with unfriendly countries and to zero the amount of their remuneration in the situations specified in paragraph. 2 clause 2 of the methodology approved by Decree of the Government of the Russian Federation dated October 18, 2021 No. 1767 (as amended on March 6, 2022).
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Okyulov, Omonboy. "ISSUES OF LEGAL PRIORITY OF COPYRIGHT IN THE RELATIONSHIP BETWEEN THE AUTHOR AND THE EMPLOYER OR CUSTOMER." Jurisprudence 3, no. 1 (February 24, 2023): 54–62. http://dx.doi.org/10.51788/tsul.jurisprudence.3.1./ejig1142.
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This scientific article analyzes the essence of freedom, creativity and dynamics in the civil circulation of the rights of the author-creator. The author argues that there is a significant need to enrich the freedom of creativity as an integral part of human rights and freedoms in the process of constitutional reforms. When realizing the freedom of creativity, works of science, literature, art, objects of patent rights are always created objects of intellectual property. If there are signs of the legal protection of the ability of these objects, the author of the creator has advantages, a priority for acquiring exclusive rights. Such an advantage can be realized even in the case when the intellectual property object is created on the basis of an employment contract concluded with the author and employers or on the basis of a civil contract concluded between the customer and the author. The author analyzes the features of the manifestation of the priority of the author’s rights in law enforcement and judicial practice.
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Sasykin, K. Yu. "Compulsory Licensing in the Pharmaceutical Market: History and Practice." Siberian Law Review 19, no. 3 (August 22, 2022): 267–80. http://dx.doi.org/10.19073/2658-7602-2022-19-3-267-280.
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In the pharmaceutical industry, the development of a new invention – a drug, the acquisition of a patent and the introduction into civil circulation by the developers spend significant resources in material and time. In this regard, drugs are attractive for falsification, and attempts are also being made to reproduce the imitation of original drugs, which requires special attention to the protection of the rights of patent holders. Obtaining a patent for an invention provides an exclusive right to its owner, being a kind of state gratitude for ensuring innovative progress, and, on the other hand, carries significant threats due to the possible dishonesty of patent owners, which, according to the Author, taking into account the latest challenges of the time, requires no less attention in terms of providing protective mechanisms against abuse. Since the availability of medicines is one of the main tasks of national health care, the Author raised the actual problem of applying one of these mechanisms in domestic law, namely the mechanism for issuing compulsory licenses for medicines as inventions (compulsory licensing). The article contains a brief historical outline of the foreign application of such institutions, analyzes domestic regulation and law enforcement practice, on the basis of which theses are put forward on the need for additional legal regulation.
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Zhikharev, Oleksandr. "The activity of a judicial expert as an indicator of the effectiveness of the legislation in the field of industrial property rights." Theory and Practice of Intellectual Property, no. 6 (December 17, 2023): 40–47. https://doi.org/10.33731/62023.293215.
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The article is devoted to the study of judicial expert activity as a tool for identification of shortcomings in intellectual property legislation, in particular in the field of industrial property.Systematization of legislation in the field of industrial property is one of the forms of legislative improvement. Systematization involves lawmaking activities aimed at eliminating previously identified legislative deficiencies.One of the tools for identifying legislative shortcomings is the study of law enforcement activities. Unfortunately, law enforcement activities only consider compliance with existing legal provisions and do not consider the problems created by the absence or incompleteness of existing legal provisions.Judicial expert activity in the field of intellectual property has its own unique properties related to the special knowledge of judicial experts. The subject of a judicial expert in the field of intellectual property is both the study of the results of intellectual and creative activity in intangible form and the objects in which these results are embodied. The task of a judicial expert in this area is also to study the legal nature of these objects. These features of judicial expertise in the field of intellectual property together lead to the possibility of identifying deficiencies in the field of industrial property.As an example, the article analyses the infringement of patent rights, which includes direct infringement and indirect infringement. According to the current legislation, there is only a direct infringement of patent rights in Ukraine. Direct infringement involves copying a patented product as it is patented. Indirect infringement also includes additionalconditions for infringement, for example, manufacturing the main part of the product without one element. This element can be added to the product later. This leads to unlawful circumvention of the patented invention. The situation described above was identified during judicial activities.As a proposal to improve the legislation in the field of industrial property, it is necessary to define indirect infringement of patent rights in national legislation. Such definition can be made either by amending the current legislation or by systematizing the industrial property legislation.
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Raymond R. Tjandrawinata and Henry Soelistyo Budi. "Harmonization of International Patient Law in Biotechnology: Strategies For Enhancing Innovation And Global Access." Journal of Law, Politic and Humanities 5, no. 2 (December 29, 2024): 992–99. https://doi.org/10.38035/jlph.v5i2.1146.
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The fragmented global patent landscape poses significant challenges for biotechnology, one of the most innovative sectors of the 21st century. Despite the potential to revolutionize healthcare and agriculture, differences in patent regulation between jurisdictions impede progress, limit equitable access to therapies, and complicate international collaboration. This paper examines the key regulatory frameworks in the United States, the European Union, Japan, and China, focusing on the inherent strengths and challenges of each, by analyzing case studies, such as CRISPR gene editing and CAR-T therapy. The article identifies strategies to deal with ethical dilemmas, intellectual property rights differences, and cross-border enforcement issues. The analysis in this publication encourages harmonization initiatives through regional agreements, international dialogue, and open innovation models to promote global access and sustainable innovation.
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Harnowo, Tri. "Law as Technological Control of the Infringement of Intellectual Property Rights in the Digital Era." Corporate and Trade Law Review 2, no. 1 (July 28, 2022): 65–79. http://dx.doi.org/10.21632/ctlr.2.1.65-79.
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According to technological determinists, particular technological developments are the prime antecedent causes of change in society, and technology is the fundamental condition that underlies the pattern of the social system, including the law. The development of technology in the digital era has influenced the pattern of intellectual property rights infringement and enforcement. One of the functions of patent and copyright systems is the dissemination of knowledge and works well needed by the society. On the other hand, technological development in information systems also facilitates the dissemination of knowledge and works, but it has unwittingly infringed intellectual property rights. To overcome this dilemma, therefore, the legal function must be redefined so that the law can be used as a means of technological control.
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Shakhnazarov, B. A. "Parallel Import and Implementation of the Principle of Exhaustion of Exclusive Rights in the Context of Contractual Relations of Economic Entities." Courier of Kutafin Moscow State Law University (MSAL)), no. 9 (December 18, 2023): 52–65. http://dx.doi.org/10.17803/2311-5998.2023.109.9.052-065.
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The article deals with the problem of the influence of contractual relations on the issue of exhaustion of exclusive rights and the organization of parallel imports in general. The fact and form of the consent of the right holder to use the intellectual property object as part of a specific product, batch of goods, as well as determining the fact of the completed use of intellectual property rights during the primary sale of goods are of particular importance for understanding the nature of the exhaustion of rights and resolving disputes in the field of parallel imports. The solution of the problems under consideration is complicated by the territorial principle of protection of intellectual property rights. The author substantiates that contractual structures and specific provisions of contracts with right holders, as well as various related contractual structures, including sublicensing agreements, franchising agreements, can play the role of legal means that ensure parallel imports. The conclusion is drawn that the possibility of expressing the consent of the copyright holder to the use of other objects of intellectual property, including a trademark, objects of patent rights, through a unilateral expression of will (statement of the copyright holder) should be provided for by law in the Civil Code of the Russian Federation. The necessary balance between the intangible nature of intellectual property and the material nature of the object of property rights in which it is expressed, in the context of the initiative granting by the right holder of the right to use the object of intellectual property in a particular product, can be achieved through perception at the regulatory and law enforcement level. the concept of an implied license as a way of granting the right to use an object of intellectual property
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Latyntsev, A. V. "Prohibitions on patenting (non-patentability) of certain results of intellectual activity in the field of health care." Lomonosov Law Journal 65, no. 3, 2024 (2024): 55–70. https://doi.org/10.55959/msu0130-0113-11-65-3-4.
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In Part 4 of Article 1349 of the Civil Code of the Russian Federation, the liver of the results of intellectual activity that cannot be objects of patent rights is fixed (the list of non-patent objects). Some bioethical principles have been fixed in this legal norm, which is certainly necessary in the context of the rapid development of biotechnologies. But from the point of view of law enforcement, this norm seems to be incomplete and requires specification. Moreover, as indicated in the article, these provisions of Russian civil legislation are not a very successful compilation of the provisions of the European declaration. The article presents the results of a comparative analysis of international agreements and norms of foreign law, according to the results of which the author made proposals for a significant change in the legal structure of Part 4 of Article 1349 of the Civil Code of the Russian Federation and its addition with relevant principles of bioethics, which it seems necessary to take into account in patent law in correspondence with the norms of special legislation. In addition, to increase the effectiveness and optimality of law enforcement practice, based on the results of a comparative analysis of concretized examples of patent prohibitions with the provisions of special laws in the field of health protection, legal algorithms for the application of these prohibitions, arising from their legal nature, were identified.
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Mitsumori, Yaeko. "An Analysis of the Transformation of Mega-Pharma’s Business Model toward the Emerging Market." Emerging Science Journal 4, no. 4 (August 1, 2020): 253–62. http://dx.doi.org/10.28991/esj-2020-01228.
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The Trade-Related Aspects of Intellectual Property Rights（TRIPS) requires all member countries of the World Trade Organization (WTO) to introduce a TRIPS-compatible patent law into their countries. Due to the enforcement of TRIPS in 1995, India in 2005 revised its patent law and enacted the Patents (Amendment) Act, 2005. The 2005 ACT included product patent in pharmaceutical field. Due to the new patent law with product patent protection, large foreign capital pharmaceutical companies one after another re-entered the Indian market and started engaging in both R&D and production targeting the Indian market. However recent data shows the number of patent applications has been declining over the past several years and the number of patented drugs launched in India did not increase so rapidly. This study analyzes transitions of business models of foreign pharmaceutical companies in India based on the patent application data, and the trend of patented drugs in the market. A data analysis and a series of interviews with stakeholders were conducted. As a result of both a quantitative and a qualitative analysis, it was found that foreign pharmaceutical companies changed their strategies in the Indian pharmaceutical market. Since India was required to introduce product patents in the pharmaceutical area, there have been many arguments that once India introduces a product patent, the Indian pharmaceutical industry may decline due to the rapid introduction of foreign pharmaceutical products in the country; many academic papers were published in this context during that time. However, since 2005, when product patents were actually introduced in India, few academic papers were published. This study is unique as it discusses the effects of the introduction of product patents on the Indian pharmaceutical market.
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Lu, Zichen. "Antitrust Regulation in the Field of IP of MNEs in the New Era: Starting with the Patent Tying Behaviour from the Perspective of Comparative Law." Journal of Education, Humanities and Social Sciences 1 (July 6, 2022): 195–202. http://dx.doi.org/10.54097/ehss.v1i.661.
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With the vigorous development of patented technology, the problem of some large multinational enterprises implementing monopoly behaviour by abusing intellectual property rights such as patent tying is becoming more and more prominent. This has had a great impact on fair market competition, especially in those developing countries. Combined with the regulation of China’s Antitrust Law and other legal systems on this issue at the present stage, and based on the analysis of its imperfections, this paper explores the excellent achievements in international attempts such as the principle of the rationality of the United States and the comprehensive analysis method of the European Union. In the context of TRIPS, countries all over the world need to pay close attention to how to regulate the monopoly caused by the abuse of intellectual property rights, including patent tying. It is concluded that to better resist the monopoly of abusing intellectual property rights and develop the new driving force of a domestic innovative economy, China needs to start with the substantive concept and clarify the clear meaning, definition standards, and rank order of relevant legal concepts and systems. It also needs to up special authoritative law enforcement agencies to regulate the monopoly of multinational enterprises abusing intellectual property rights, innovate their punishment methods, strengthen the punishment, and better ensure fair market competition.
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Yoon, Yong J., and William F. Shughart. "Stackelberg on the Danube: Games in the Anticommons." Journal of Public Finance and Public Choice 31, no. 1 (April 1, 2013): 199–214. http://dx.doi.org/10.1332/251569213x15664519748686.
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Abstract We model the tragedy of the anticommons - the underutilization of a resource in the presence of multiple rights to exclude - as a Stackelberg price-leader game. We show that the equilibrium outcomes when the players move sequentially are more inefficient than when they move simultaneously in a ‘static’ version of the game. The results have important implications for the design of modern regulatory institutions, including the appointment of ‘super-bureaucrats’ or regulatory ‘czars’, the emergence of so-called patent trolls, tribal toll-collectors on the road from Pakistan to Afghanistan, climbing Mt. Everest, rent seeking contests, and antitrust law enforcement.
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Bonastia, Christopher. "The Historical Trajectory of Civil Rights Enforcement in Health Care." Journal of Policy History 18, no. 3 (July 2006): 362–86. http://dx.doi.org/10.1353/jph.2006.0006.
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Since the late 1960s, federal civil rights enforcement initiatives in health have been half-hearted and ineffective. The historical failure of the federal government to address the possible role of racial discrimination has taken place despite considerable evidence that, for a number of services, racial and ethnic minorities continue to receive inferior treatment to that accorded to whites. In many cases, these treatment differences remain even after controlling for socioeconomic and insurance statuses, and standard covariates such as patient age, health status, and gender.
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Simson Lasi. "Legal Analysis Of The Regulation Of Intellectual Property Rights In The Creative Industry Review From An International Legal Perspective." International Journal of Law and Society 1, no. 3 (May 30, 2024): 184–96. http://dx.doi.org/10.62951/ijls.v1i3.87.
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The creative industry is a sector that is growing rapidly in this era of globalization, but the development of the creative industry also poses challenges in protecting Intellectual Property Rights. This research aims to analyze the regulation of Intellectual Property Rights (IPR) in the creative industry from an international legal perspective. The research method used is a normative approach by examining various international legal instruments related to Intellectual Property Rights (IPR). The research results show that the regulation of Intellectual Property Rights in the creative industry still has weaknesses and challenges, especially in terms of law enforcement and protection of copyrights, patents and brands. This research provides recommendations for improving legal regulations related to intellectual property rights in the creative industry, including increasing international cooperation and more effective law enforcement.
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Vilchyk, Tetyana В., Нrіhorіі S. Krainyk, and Oleksandr O. Shandula. "LEGAL ENFORCEMENT AND DEVELOPMENT DIRECTIONS OF HEALTH LAW IN UKRAINE." Wiadomości Lekarskie 72, no. 4 (2019): 692–96. http://dx.doi.org/10.36740/wlek201904136.
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Introduction: The development of medical law should take place systematically based on scientific basis and guided by international experience. The article describes the tendencies and prospects of the medical law development of Ukraine in the context of globalization and European integration processes. The aim of this work is to investigate the problems of legal enforcement and directions of the medical law development in Ukraine Materials and methods: We analyzed national and international acts that regulate community rights for medical care, protection of patient rights, which were studied using content analysis and analytical experience, as well as generalization of court practice and statistical data. Review and conclusions: Violation of patient rights is a socially harmful act, impunity of which also affects social security. The quality control mechanism of medical care should be permanent and aimed at improving this quality. It is necessary to create a National Quality Control Agency that would be independent, not subordinate to the Ministry of Healthcare of Ukraine, with professional experts with experience in this direction. The problem of legal protection of patient and doctor rights, as well as provision of legal support to medical institutions and the creation of a regulatory framework to reform the health care system is relevant. It is necessary to create a register of medical lawyers. Creating a system for reporting and monitoring medical errors should be one of the priorities of health care reform in Ukraine.
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Florea, Bujorel. "Contributions to the Analysis of Amendments of the Crime Ctipulated in Article 43 of Law no. 255/1998 on the Protection of New Varieties of Plants Made by Law no. 187/2012 for the Enforcement of Law no. 286/2009 on the Criminal Code." Journal of Economic Development, Environment and People 5, no. 1 (March 28, 2016): 83. http://dx.doi.org/10.26458/jedep.v5i1.124.
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The article brings into question the criminal protection of new varieties of plants. The author presents certain judicial norms, as previous issues, concerning the occurrence and protection of the rights over new varieties of plants through the granting of the variety patent.Furthermore, the study indicates the amendments made by Law no. 187/2012 on the enforcement of Law no. 286/2009 on the Criminal Code, concerning the counterfeiting crime incriminated in Law no. 255/1998 on the protection of new varieties of plants. Finally, the author underlines the specific elements of the contents of the investigated crime, thus providing the concerned parties with a table enabling, through the implementation thereof, the detection of the determining factors in the establishment and holding of the criminal liability of individuals infringing the rights of the plant variety patent holders, through counterfeiting.
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Manu, Thaddeus. "Building national initiatives of compulsory licences." Journal of International Trade Law and Policy 14, no. 1 (March 16, 2015): 23–48. http://dx.doi.org/10.1108/jitlp-07-2014-0015.
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Purpose – The purpose of this paper is to examine the extent to which developing countries could build national initiatives of compulsory licences. Design/methodology/approach – The focus of this article is only on developing countries. The author reflects on the Indian patent jurisprudence regarding the operational relationship between the general principles applicable to working of patented inventions locally and the grant of compulsory licences. The discussion that follows is based on a review of the case: Bayer Corporation versus Natco Pharma with a view to presenting a model for developing countries to maintain that the public interest principle of patent law is well-founded in their domestic patent regimes. Findings – The analysis confirms that failure to work locally continues to be abusive of the patent right under the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement, and remains a valid condition on which to grant a compulsory licence. Thus, this reverses the often-contrary misconception that has become almost a unanimous assumption that failure to work basis for granting compulsory licensing would violate Article 27(1) of TRIPS and its enforcement provisions on patent. Originality/value – The author argues that as no member state has challenged the legality of Indian’s decision in the World Trade Organisation, under the dispute settlement understanding (DSU) system is more supportive of the contention that failure to work locally continues to be permissible under TRIPS and remains valid conditions on which member states can grant compulsory licences. This further adds weight to the understanding that nothing in the light of TRIPS would, in fact, preclude any possibility of developing countries amending their patent laws accordingly to maintain that the public interest principle underlining patent law is well-founded in their domestic patent regimes.
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Pitsyk, K. "Concepts and criteria of patentability of invention, utility model and industrial design." Scientific and informational bulletin of Ivano-Frankivsk University of Law named after King Danylo Halytskyi 2, no. 15(27) (June 16, 2023): 181–86. http://dx.doi.org/10.33098/2078-6670.2023.15.27.2.181-186.
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Purpose.The purpose of the work is to analyze the concepts and criteria of patentability of an invention, utility model, and industrial design. Methodology.The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material and the formulation of relevant conclusions and recommendations. The following methods of scientific knowledge were used during the research: terminological, functional, systemic-structural, logical-normative. Results: In the research process, it was recognized that patent law covers a set of norms regulating relations related to the creation, design and use of inventions, utility models and industrial designs, which include both personal and property rights. A patent is a document that confirms the right to intellectual property in relation to an invention, a utility model or an industrial design. Issuance of a patent is a consequence of the need to define the right to a creative achievement, as well as the possibility for parallel development, since the first person who disclosed knowledge to the public should have the right vested in him. Scientific novelty. In the research process, it was established that if the technical essence of the object needs to be protected, an application for an invention or a utility model can be submitted, and when it is necessary to protect the appearance, an industrial design is used. Thus, an invention and a useful model are the result of human intellectual activity in any field of technology, and an industrial model - in the field of artistic design. Practical significance. The results of the research can be used in law-making and law-enforcement activities.