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Journal articles on the topic 'Non-textual infringement of patents'

Author: Grafiati

Published: 4 June 2021

Last updated: 1 February 2022

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1

Iqbal, Zarina, and Saima Sadaf. "Sitagliptin (Januvia) patent litigation: Another link in the judicial train of ‘Proactive Infringement’ of patented rights in developing countries." Journal of Generic Medicines: The Business Journal for the Generic Medicines Sector 16, no. 2 (2020): 64–71. http://dx.doi.org/10.1177/1741134320912776.

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Driven by increasing instances of successful ‘at-risk’ launch of patented drugs in America and Europe, the strategy of using ‘proactive infringement’ as a legal tool is now getting-in, in developing countries. The rationale behind launch-at-risk is to counterbalance the innovator companies’ strategies of getting the patented product life extended through protecting improvement innovations and maintain market exclusivity even after the expiration of the compound patent. The battle for market and drive for higher profits between generics and innovator drug companies has extended the application

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2

Phan, Cong-Phuoc, Hong-Quang Nguyen, and Tan-Tai Nguyen. "Ontology-based heuristic patent search." International Journal of Web Information Systems 15, no. 3 (2019): 258–84. http://dx.doi.org/10.1108/ijwis-06-2018-0053.

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Purpose Large collections of patent documents disclosing novel, non-obvious technologies are publicly available and beneficial to academia and industries. To maximally exploit its potential, searching these patent documents has increasingly become an important topic. Although much research has processed a large size of collections, a few studies have attempted to integrate both patent classifications and specifications for analyzing user queries. Consequently, the queries are often insufficiently analyzed for improving the accuracy of search results. This paper aims to address such limitation

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3

최영란. "Patent Infringement: Beware of the Giant Monsanto’s Operating, Non-exhausted GMO Patent." 과학기술법연구 19, no. 3 (2013): 169–92. http://dx.doi.org/10.32430/ilst.2013.19.3.169.

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4

Sitdikov, Ruslan Borisovich, Ravil Mansurovich Sadykov, and Valery Golubtsov Gennadievich. "Methods and Procedural Forms of Protection of Personal Non-Property Patent Rights in Russia." Cuestiones Políticas 38, Especial (2020): 473–85. http://dx.doi.org/10.46398/cuestpol.38e.32.

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The article discusses the legal regulation of the application of civil law methods of non-patrimonial personal rights in the protection of patent rights. Methodologically, the scientific method and the technique of documentary research close to legal hermeneutics were made. By way of conclusion, everything indicates that there is no mandatory administrative procedure for resolving authorship disputes in the patent dispute chamber in Russia. In addition, it was revealed that the provisions of Part 4 of the Civil Code of the Russian Federation with respect to the Protection of Non-Property Perso

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5

Shin, Sang Hoon. "A Study on Revised Bill of Patent Indirect Infringement Provisions - Regarding determination criteria on contributory infringement by a non-staple product -." Journal of Intellectual Property 14, no. 3 (2019): 43–70. http://dx.doi.org/10.34122/jip.2019.09.14.3.43.

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6

Wu, Hengqin, Geoffrey Shen, Xue Lin, Minglei Li, Boyu Zhang, and Clyde Zhengdao Li. "Screening patents of ICT in construction using deep learning and NLP techniques." Engineering, Construction and Architectural Management 27, no. 8 (2020): 1891–912. http://dx.doi.org/10.1108/ecam-09-2019-0480.

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PurposeThis study proposes an approach to solve the fundamental problem in using query-based methods (i.e. searching engines and patent retrieval tools) to screen patents of information and communication technology in construction (ICTC). The fundamental problem is that ICTC incorporates various techniques and thus cannot be simply represented by man-made queries. To investigate this concern, this study develops a binary classifier by utilizing deep learning and NLP techniques to automatically identify whether a patent is relevant to ICTC, thus accurately screening a corpus of ICTC patents.Des

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7

Mukhtar, Sohaib, Zinatul Ashiqin Zainol, and Sufian Jusoh. "Civil Procedure of Trademark Enforcement in Pakistan: A Comparative Analysis with Malaysia and USA." Journal of Asian Research 3, no. 2 (2019): 95. http://dx.doi.org/10.22158/jar.v3n2p95.

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<em>Civil procedure of trademark enforcement runs in Pakistan under Trade Marks Ordinance 2001, Code of Civil Procedure 1908 and Specific Relief Act 1877. Trademark is one of the components of Intellectual Property Law, it is a mark, name, sign, smell or a sound which distinguishes goods and services of one undertaking from goods and services of other undertakings. It is required to be distinctiveness and non-descriptive, it losses its distinctiveness when owner of registered trademark does not take prompt action against its infringement. The registered trademark owner may file civil sui

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8

Laszczyk, Anna. "Anticompetitive Patent Settlements – Where Are We Ten Years After the European Commission’s Pharmaceutical Inquiry?" Yearbook of Antitrust and Regulatory Studies 12, no. 21 (2020): 129–59. http://dx.doi.org/10.7172/1689-9024.yars.2020.13.21.5.

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In 2009, the European Commission published a final report on its market inquiry into the pharmaceutical sector. The report revealed the authority’s concerns regarding market practices of pharmaceutical originator companies aimed at delaying the market entry of cheaper generic pharmaceutical products. One of the delaying practices identified by the European Commission were patent settlements between an originator and a generic company including: (i) a value transfer from the originator to a generic company, and (ii) an obligation of a generic company not to enter the market. These patent settle

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9

Rout, Susanta Kumar. "A brief review on intellectual property rights with special attention on patent." Journal of Applied and Advanced Research 3, no. 3 (2018): 73. http://dx.doi.org/10.21839/jaar.2018.v3i3.147.

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Intellectual property (IP) is about promoting progress and innovation. Patents, Copyrights, Geographical Indication, Trademarks, Industrial design and Trade secrets are the most common forms of IPRs. Intellectual property rights (IPR) refer to the legal protection accorded to certain inventions or creations of the mind. Intellectual property has increasingly assumed a vital role with the rapid pace of technological, scientific and medical innovation now a day. Intellectual Property Rights (IPRs) are viewed as being of increasing importance in many fields of business. Patents represent a resour

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10

Belyanskaya, Olga V. "Linguistic controversy in the sphere of law making and enforcement." Neophilology, no. 20 (2019): 476–82. http://dx.doi.org/10.20310/2587-6953-2019-5-20-476-482.

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We analyze the linguistics and legal nature of the legal discourse of various types of legal activity: law-making, law-realization, as a result of which we reveal new formal and linguistic features of legal texts. On the example of article 358 of the Criminal Code of the Russian Federation on ecocide we reveal a number of shortcomings: the choice of the wrong member of the synonymous series and the non-specific content of the sanction. Revealed certain linguistic shortcomings can become an obstacle to the successful use of this legal norm in the process of its implementation. The weak developm

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11

Härtinger, Heribert. "Zur Übersetzung textdeiktischer Verweise in normiertn Fachtexten: Ergebnisse einer empirischen Untersuchung an einem viersprachigen Korpus europäischer Patentschriften." Lebende Sprachen 64, no. 2 (2019): 399–434. http://dx.doi.org/10.1515/les-2019-0021.

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AbstractThe present study analyses patterns of textual deixis (also known as text deixis or discourse deixis) in scientific and technical texts. Its particular focus is on the translational implications arising from the use of text deixis in European patent specifications. Patent specifications are among the most frequently translated LSP genres. Their linguistic and technical complexity and their highly standardized language present a considerable challenge for the translator. My analysis examines patterns of intratextual and intertextual deictic reference typical of the language of patents.

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12

Stańczak, Andrzej, Ireneusz Kubiak, Artur Przybysz, and Anna Witenberg. "The Possibility to Recreate the Shapes of Objects on the Basis of Printer Vibration in the Additive Printing Process." Applied Sciences 11, no. 11 (2021): 5305. http://dx.doi.org/10.3390/app11115305.

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Information protection is an important safety issue in many human activity fields. Technological advances and related ubiquitous computerization bring new challenges in this area. In particular, the problem concerns the protection of devices against non-invasive acquisition processed information in ICT systems. It is known that, e.g., VGA, DVI/HDMI interfaces or laser printer formatter systems that process visual signals are the effective sources of compromising electromagnetic emanations. The emission safety of the more and more commonly used 3D printers is less known. In many cases, the disc

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13

Mukhtar, Sohaib, Zinatul Ashiqin Zainol, and Sufian Jusoh. "Administrative Procedure of Trademark Enforcement in Pakistan: A Comparative Analysis with Malaysia and USA." Economics, Law and Policy 2, no. 1 (2019): p113. http://dx.doi.org/10.22158/elp.v2n1p113.

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Trademark is one of the component of Intellectual Property (IP). It is a mark, name, sign, smell or a sound which distinguishes goods and services of one undertaking from goods and services of other undertakings. It is required to be distinctive and non-descriptive. It losses its distinctiveness when registered owner of trademark does not take prompt action against its infringement. Trademark enforcement procedures including administrative procedure must be expedient, adequate, fair, equitable, and must not be complicated, costly and time consuming. Administrative procedure starts when applica

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14

"IPCOM GMBH & CO KG v VODAFONE GROUP PLC." Reports of Patent, Design and Trade Mark Cases 137, no. 3 (2020): 187–250. http://dx.doi.org/10.1093/rpc/rcaa023.

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Abstract H1 Patents – Standards essential patents – Technical trial – Construction – Validity – Conditional and unconditional amendments – Added matter – Extension of protection – Obviousness – Essentiality – Infringement – Indirect infringement – Defences – Crown use – De minimis use – Declarations of non-infringement

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15

"CONVERSANT WIRELESS LICENSING S.A.R.L. v HUAWEI TECHNOLOGIES CO LTD." Reports of Patent, Design and Trade Mark Cases 136, no. 2 (2019): 81–120. http://dx.doi.org/10.1093/rpc/rcz012.

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Abstract H1 Patents – European patents – Telecommunications – Standards essential patents – Infringement – Claims for global FRAND licences – Jurisdiction – Justiciability – Whether validity of foreign patents in issue – Stay of proceedings – Forum non conveniens – Whether China the natural and appropriate forum – Service of proceedings – Whether defendants validly served within the jurisdiction – Service out of the jurisdiction – Jurisdictional gateways – Whether good arguable case for a FRAND injunction – Property within the jurisdiction – Serious issue to be tried – Appeal to Court of Appea

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16

"E. MISHAN & SONS, INC (T/A EMSON) v HOZELOCK LTD." Reports of Patent, Design and Trade Mark Cases 136, no. 7 (2019): 427–503. http://dx.doi.org/10.1093/rpc/rcaa002.

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Abstract Patents – European Patents – Expandable garden hoses – Infringement – Validity – Person skilled in the art – Common general knowledge – Construction – Whether tubes “unattached” between “couplers” – Meaning of “non-elastic” – Equivalents – Obviousness – Prior user – Inventor working in front garden – Whether what was visible was made available to the public – Commercial success – Burden of proof – Priority – “Formstein” defences

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17

"PARAINEN PEARL SHIPPING LTD v KRISTIAN GERHARD JEBSEN SKIPSREDERI AS." Reports of Patent, Design and Trade Mark Cases 136, no. 3 (2019): 177–222. http://dx.doi.org/10.1093/rpc/rcz014.

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Abstract H1 Patents – European patents – Declaration of non-infringement – Ships – System “for” unloading powdery cargo – Cement handling – Patentee’s ship equipped with patented system declared total loss – Ship re-floated – Title to ship passing to third party – Patented system not operational – Restrictions as to future use – Ship re-sold – Patentee not exercising option to purchase – Later purchasers putting system back into operation – Whether work done amounting to making repair or replacement – Exhaustion of rights – Implied licence – Estoppel

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18

Stephenson, Stanley P., and Gauri Prakash-Canjels. "Lost Profits in Intellectual Property Cases." Journal of Business Valuation and Economic Loss Analysis 15, no. 1 (2019). http://dx.doi.org/10.1515/jbvela-2019-0018.

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AbstractMuch has been written about various remedies in litigation involving intellectual property (“IP”) infringements, some economic and other non-economic. A common remedy across different types of IP is lost profits. This paper explores similarities and differences among different types of IP infringement: patent, copyright, trademark, and trade secrets. Common elements needed in any lost profits claim, especially causality, are presented and along with damages implications for plaintiff and infringer by type of IP. These are a few of issues considered along with brief discussion of key st

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19

Friedman, Ezra, and Abraham L. Wickelgren. "Optimal Standards of Proof in Patent Litigation: Infringement and Non-Obviousness." SSRN Electronic Journal, 2019. http://dx.doi.org/10.2139/ssrn.3463873.

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20

B. Sitdikov, Ruslan, and Ravil M. Sadykov. "NON-JURISDICTIONAL FORMS OF PATENT RIGHTS PROTECTION IN THE RUSSIAN FEDERATION." Gênero & Direito 8, no. 6 (2019). http://dx.doi.org/10.22478/ufpb.2179-7137.2019v8n6.49295.

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This article discusses the features of the implementation of non-jurisdictional forms of protection of civil rights (self-defense, claims, mediation) in relation to patent infringements in the Russian Federation. It is noted that the self-defense of patent rights by classical means in non-contractual legal relations is limited due to the peculiarities of the legal nature of the objects of patent rights, namely because of their intangible nature, the general availability of information about them, the presence of state registration, but it is possible to use special means of self-defense: softw

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21

Hopson, Helen. "Genentech: No EU Competition Law Barrier to Patent Royalties Despite Invalidity or Non-infringement of the Licensed Patent(s)." Journal of European Competition Law & Practice, October 13, 2016. http://dx.doi.org/10.1093/jeclap/lpw078.

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22

Rathee, Pooja, Swagat Tripathy, Sahil Khatter, BP Patra, PN Murthy, and Harish Dureja. "505(b) (2) - A smart pathway to differentiate from competitive, low margin environment of generics." Journal of Generic Medicines: The Business Journal for the Generic Medicines Sector, February 8, 2021, 174113432098786. http://dx.doi.org/10.1177/1741134320987866.

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Purpose 505(b) (2) application is one of the advantageous ways of regulatory submission. This submission approach can lead to fast-track approval for wide-ranging products, exclusively for those that exemplify a limited change from formerly approved drug. Safety and efficacy evidence in terms of non-clinical and clinical portion of the Reference Listed Drug (RLD), are trusted upon. Additionally, supplementary data essentially required to establish comparability with the RLD, are presented in the dossier. Methods This retrospective analysis is to understand the FDA's expectations and avoid erro

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23

Collins, Steve. "‘Property Talk’ and the Revival of Blackstonian Copyright." M/C Journal 9, no. 4 (2006). http://dx.doi.org/10.5204/mcj.2649.

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    Proponents of the free culture movement argue that contemporary, “over-zealous” copyright laws have an adverse affect on the freedoms of consumers and creators to make use of copyrighted materials. Lessig, McLeod, Vaidhyanathan, Demers, and Coombe, to name but a few, detail instances where creativity and consumer use have been hindered by copyright laws. The “intellectual land-grab” (Boyle, “Politics” 94), instigated by the increasing value of intangibles in the information age, has forced copyright owners to seek maximal protection for copyrighted materials. A prop

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24

"Lilly Entitled to Longer Protection of Raloxifene; Netherlands Removes Partial Patent Validity Law; Sanctionable Conduct Does Not Always Justify Award of Attorney Fees; Invitrogen–GE Healthcare Suit Sent to Texas; CAFC Rejects Appeal in HPV Case; Ariad, MIT Patent on Transcription Factor Fails Written Description Test; Motion for Summary Judgment of Non-Infringement Denied." Biotechnology Law Report 28, no. 3 (2009): 359–65. http://dx.doi.org/10.1089/blr.2009.9950.

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25

Fisher, Alec. "Unspoken Criticism: Audiovisual Forms of Critique as Fair Use." Columbia Journal of Law & the Arts 44, no. 2 (2021). http://dx.doi.org/10.52214/jla.v44i2.7825.

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Imagine a short video from a film critic highlighting the latest superhero summer blockbuster. First, we see a few seconds of the big action finale from the copyrighted film. The superhero flies through the air, zipping between skyscrapers at breakneck speed. The video cuts to a clip of the critic, in closeup, yawning for several seconds. Then, it cuts back to the film, and we see the superhero engaged in the film’s climactic battle, pummeling the villain with superhuman strength. Next, it cuts back to the critic, who is now asleep and snoring loudly. The video ends. Is the resulting video a w

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26

Deck, Andy. "Treadmill Culture." M/C Journal 6, no. 2 (2003). http://dx.doi.org/10.5204/mcj.2157.

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Since the first days of the World Wide Web, artists like myself have been exploring the new possibilities of network interactivity. Some good tools and languages have been developed and made available free for the public to use. This has empowered individuals to participate in the media in ways that are quite remarkable. Nonetheless, the future of independent media is clouded by legal, regulatory, and organisational challenges that need to be addressed. It is not clear to what extent independent content producers will be able to build upon the successes of the 90s – it is yet to be seen whethe

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27

Leisten, Susanna, and Rachel Cobcroft. "Copy." M/C Journal 8, no. 3 (2005). http://dx.doi.org/10.5204/mcj.2351.

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   Rip, mix, share, and sue. Has ‘copy’ become a dirty word? The invitation to artists, activists, consumers and critics to engage in the debate surrounding the creative processes of ‘copy’ has been insightful, if not inciting sampling/reproduction/reflection itself: It clearly questions whether ‘copy’ deserves the negative connotations that it currently summonses. It has confronted the divide between the original and its replica, and questioned notions of authenticity and the essence of identity. It has found that ‘open source’ is an opportunity to capitalise on creativity,

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28

West, Patrick Leslie, and Cher Coad. "Drawing the Line: Chinese Calligraphy, Cultural Materialisms and the "Remixing of Remix"." M/C Journal 16, no. 4 (2013). http://dx.doi.org/10.5204/mcj.675.

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Western notions of authors’ Intellectual Property Rights (IPRs), as expressed within copyright law, maintain a potentially fraught relationship with a range of philosophical and theoretical positions on writing and authorship that have developed within contemporary Western thinking. For Roland Barthes, authorship is compromised, de-identified and multiplied by the very nature of writing: ‘Writing is that neutral, composite, oblique space where our subject slips away, the negative where all identity is lost, starting with the very identity of the body writing’ (142). Gilles Deleuze and Félix Gu

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29

McDonnell, Margaret. "The Colour of Copyright." M/C Journal 5, no. 3 (2002). http://dx.doi.org/10.5204/mcj.1965.

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Along with all the other baggage the British brought with them to Port Jackson in 1788 were laws of ownership that were totally foreign to the original inhabitants. The particular law I'll consider here is that of copyright. The result of a few hundred years of evolution, moulded by the common law and acts of Parliament, copyright protects the intellectual property of writers and artists (Saunders). It has three requirements: originality, material form and identifiable author. However, superimposed on the creative practices of the original inhabitants of Australia, copyright has proved a disma

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30

Paull, John. "Beyond Equal: From Same But Different to the Doctrine of Substantial Equivalence." M/C Journal 11, no. 2 (2008). http://dx.doi.org/10.5204/mcj.36.

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A same-but-different dichotomy has recently been encapsulated within the US Food and Drug Administration’s ill-defined concept of “substantial equivalence” (USFDA, FDA). By invoking this concept the genetically modified organism (GMO) industry has escaped the rigors of safety testing that might otherwise apply. The curious concept of “substantial equivalence” grants a presumption of safety to GMO food. This presumption has yet to be earned, and has been used to constrain labelling of both GMO and non-GMO food. It is an idea that well serves corporatism. It enables the claim of difference to se

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31

Busse, Kristina, and Shannon Farley. "Remixing the Remix: Fannish Appropriation and the Limits of Unauthorised Use." M/C Journal 16, no. 4 (2013). http://dx.doi.org/10.5204/mcj.659.

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In August 2006 the LiveJournal (hereafter LJ) community sga_flashfic posted its bimonthly challenge: a “Mission Report” challenge. Challenge communities are fandom-specific sites where moderators pick a theme or prompt to which writers respond and then post their specific fan works. The terms of this challenge were to encourage participants to invent a new mission and create a piece of fan fiction in the form of a mission report from the point of view of the Stargate Atlantis team of explorers. As an alternative possibility, and this is where the trouble started, the challenge also allowed to

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