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Journal articles on the topic 'Patent law reform'
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1
Li, Chiang Ling. "Recent Chinese Patent Reform." Journal of World Intellectual Property 4, no. 6 (November 1, 2005): 919–45. http://dx.doi.org/10.1111/j.1747-1796.2001.tb00143.x.
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Potts, H. E. "Patent Law Reform with Special Reference to Chemical Patents." Journal of the Society of Dyers and Colourists 57, no. 11 (October 22, 2008): 329–31. http://dx.doi.org/10.1111/j.1478-4408.1941.tb02124.x.
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Marks, Paul. "Inventors cry foul over patent law reform." New Scientist 196, no. 2631 (November 2007): 28–29. http://dx.doi.org/10.1016/s0262-4079(07)62975-3.
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Martinez, Feli. "Towards a Patent Reform in Europe." Journal of World Intellectual Property 4, no. 5 (November 1, 2005): 767–86. http://dx.doi.org/10.1111/j.1747-1796.2001.tb00136.x.
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Kashyntseva, Oksana. "Ethics and Patent Law in Health Care: Ukrainian Reform." Medicne pravo 2015, no. 2 (October 25, 2015): 31–40. http://dx.doi.org/10.25040/medicallaw2015.02.031.
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Tabaro, Edgar. "Patent Law Reform in Uganda: Addressing Priorities and Strategies." Journal of World Intellectual Property 12, no. 6 (November 2009): 571–99. http://dx.doi.org/10.1111/j.1747-1796.2009.00377.x.
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Tarasenko, Leonid. "PATENT LEGISLATION REFORM (2020): MAIN INNOVATIONS OF INVENTIONS (UTILITY MODELS)." Visnyk of the Lviv University. Series Law 73, no. 73 (November 30, 2021): 67–76. http://dx.doi.org/10.30970/vla.2021.73.067.
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The article considers the main innovations of current legislation concerning inventions and utility models. The conditions for granting legal protection of an invention (utility model), the procedure for filing and considering an application for an invention and a utility model, the application of «pre grant opposition» and «post grant opposition» procedures, and ways to protect patent rights are studied and analyzed. The author proves the importance of creating a national patent office (NIPO) in Ukraine. The article substantiates the need to adopt a separate law on NIPO instead of duplicating the rules on the legal status of NIPO, its structure, competence, etc. in several legislative acts. The author determines that the law eliminated the inaccuracy in the definition of a patent that certifies intellectual property rights to an invention and utility model, rather than ownership of them. This is fully consistent with the application of the theory of exclusive rights in the legislation of Ukraine on intellectual property. The article states that the law provides for only two types of patents (excluding secret and official inventions, utility models): a patent for an invention granted for 20 years based on the results of a qualifying examination, and a patent for a utility model granted for 10 years based on the results of a formal examination. The author notes that this patent by its legal nature remains declaratory, and it is granted under the responsibility of the applicant. The researcher proves the importance of legislative innovations, which eliminated the possibility of granting so-called «evergreen patents» (by improving the content of the inventive step as a condition of patentability). The article substantiates the need for a legislative solution to the issue of ownership of property patent rights to an official invention (utility model). The author notes that the reform of patent legislation (2020) bypassed the improvement of legal regulation on the use of inventions (utility models) taking into account digitalization (in particular, the legal regime «computer implemented inventions» is not defined). The researcher proves that the publication of information about the application for the invention is important, because from that moment the application becomes public, and an indefinite number of people have the opportunity to read its contents, and may see the technical essence of the invention. The author justifies the need to transfer the authority to decide on the issuance of compulsory licenses to the National Intellectual Property Office (or a specialized court after its creation). The article finds that instead of invalidating a patent for an invention (utility model), it was introduced that the rights to an invention (utility model) might be recognized as invalid, which is not currently accepted by case law. The article proves that an important innovation of the patent law reform (2020) is the introduction of a procedure for declaring inventions (utility model) invalid out of court («post-grant opposition») in order to curb the practice of patenting by unscrupulous applicants of well-known technical solutions.
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Okada, Yoshimi, and Sadao Nagaoka. "Effects of early patent publication on knowledge dissemination: Evidence from U.S. patent law reform." Information Economics and Policy 51 (June 2020): 100852. http://dx.doi.org/10.1016/j.infoecopol.2020.100852.
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Liu, You-hua, Min Xu, and Bin-wu Qin. "Multi-party patent infringement litigation in China." Queen Mary Journal of Intellectual Property 9, no. 2 (May 2019): 178–95. http://dx.doi.org/10.4337/qmjip.2019.02.03.
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Recently, parties have begun to implement patents separately to avoid legal liability in China. Multi-party infringing behaviours are more complicated to legally characterize than single-party patent infringement. Before the recently proposed legislative reform, the Patent Law of China did not clearly define indirect infringement. Chinese courts usually apply the joint torts rules to deal with those cases. However, by mixing the rule of joint injurious act with the rule of indirect patent infringement, the courts tend to confuse the two. Moreover, the newly drafted Revision of Patent Law, though it proposes adopting the indirect infringement concept, still borrows the joint torts rules to allocate liabilities. In these circumstances, it is necessary to clarify the relationship between joint torts and indirect infringement, and thus to clarify the rules for multi-party patent infringement.
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Dent, Chris, and Yvonne Haigh. "Oligopolist Speech and the Public Interest in Pharmaceutical Patent Law Reform." Canadian Journal of Law and Society / Revue Canadienne Droit et Société 33, no. 01 (April 2018): 1–20. http://dx.doi.org/10.1017/cls.2018.1.
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AbstractUnderstandings of the public interest underpin many law reform processes. The public interest is not a fully definable term and so reform bodies have to engage with a range of articulations of that interest. The negotiation of the different articulations, however, has not been explored empirically before. This article reports on a study of the claims to the public interest in a public Australian inquiry into potential abuses of the patent system by pharmaceutical companies. More specifically, submissions to the Pharmaceutical Patents Review are analysed and the results show “oligopolistic” tensions between competing views of the public interest—and with these views claiming primacy over more technical understandings of the issues. This lack of a single “public interest” allows dominant players to frame the debate to reflect their interests; and the tension between these players means that the debate, and the underlying problem, has not been subject to a resolution.
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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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Mo, John. "Reform of the Patent System of the Prc after Wto." Journal of World Intellectual Property 4, no. 1 (November 1, 2005): 33–89. http://dx.doi.org/10.1111/j.1747-1796.2001.tb00164.x.
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Ndlovu, Lonias. "Improving access to medicines in the SADC region through patent opposition: Law reform inspirations from an unlikely jurisdiction." South African Intellectual Property Law Journal 10, no. 1 (2022): 105–30. http://dx.doi.org/10.47348/saipl/v10/a5.
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This article surveys the patent opposition legal landscape in the SADC region and justifies the importance of patent opposition for access to essential medicines by SADC citizens. The article uses Thailand as a comparative jurisdiction and, after taking a closer look at the patent opposition provisions of the laws of Botswana, Malawi, Zambia and Zimbabwe, the article advances the view that the SADC patent law reform agenda can learn a lot from its Thai counterpart on pharmaceutical patent opposition. Most SADC members with patent opposition provisions in their laws provide for pre-grant rather than post-grant opposition. Generally, pre-grant and post-grant patent opposition procedures ensure that only deserving patents may be successfully applied for and granted. The article concludes that the Thai pre-grant opposition procedures are an example of progressive law, which the SADC region should consider emulating to improve access to affordable essential medicines. The Thai experience may provide helpful and practical pointers for some SADC members when their patent opposition procedures are eventually tested before the courts and intellectual property tribunals.
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Dennis, Johanna K. P. "Divergence in patent systems: a discussion of biotechnology transgenic animal patentability and US patent system reform." International Journal of Private Law 1, no. 3/4 (2008): 268. http://dx.doi.org/10.1504/ijpl.2008.021230.
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Hagen, Antje. "Patents Legislation and German FDI in the British Chemical Industry before 1914." Business History Review 71, no. 3 (1997): 351–80. http://dx.doi.org/10.2307/3116077.
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This article analyzes the investments in both manufacturing units and sales subsidiaries by German chemical companies in the United Kingdom prior to 1914. It extends the findings in the existing literature on the subject, as sales subsidiaries have not so far been investigated. In particular, the article focuses on the motives underlying these investments. By building sales subsidiaries, German companies hoped to improve their control over foreign distribution activities and to promote their own brand names. As for the creation of manufacturing outlets, the motives of the companies differed before and after the reform of the British patent law in 1907. Prior to patent law reform, branch plants were set up due to transport cost considerations, resource orientation, or the pursuit of monopoly. Further reasons included restrictions on the use of proprietary technology in the home country and capacity constraints in the home factory. It was only after 1907 that manufacturing units were established to safeguard the companies' British patents. Consequently, the traditionally held notion that it was solely the patent law of 1907 which sparked off German FDI in the British chemical industry needs to be modified.
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Kirichenko, Irina. "Ukrainian patent reform: render harmless a utility model." Remedium Journal about the Russian market of medicines and medical equipment, no. 11-12 (2020): 61–63. http://dx.doi.org/10.21518/1561-5936-2020-11-12-61-63.
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The patent is an amazing thing, it’s like a narcotic: nothing but a chemical formula known for more than one century, registered as a utility model, but can subjugate all other licenses and permits in a way that no other “gun” can. According to Article 1 of the Law of Ukraine “On Protection of Rights to Inventions and Utility Models”, a utility model (just as an invention) is the result of human intellectual activity in any sphere of technology i.e. the object of the utility model (UM) may be any product (device, substance etc.) or a process (unlike us, unfortunately our Russian colleagues severely limited innovation activity. For example, Article 1351, Paragraph 1 of the Civil Code of the Russian Federation allows you to protect as a utility model only a technical solution relating to an apparatus).
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Borrás, Susana, and Brian Kahin. "Patent reform in Europe and the US." Science and Public Policy 36, no. 8 (October 1, 2009): 631–40. http://dx.doi.org/10.3152/030234209x474589.
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Cohen, Jillian Clare. "Canada's Initiative to Reform Patent Law for Pharmaceuticals to Help the Poor." Canadian Pharmacists Journal / Revue des Pharmaciens du Canada 137, no. 2 (March 2004): 20–22. http://dx.doi.org/10.1177/171516350413700202.
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Rai, Arti K. "Engaging Facts and Policy: A Multi-Institutional Approach to Patent System Reform." Columbia Law Review 103, no. 5 (June 2003): 1035. http://dx.doi.org/10.2307/1123832.
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Ubochioma, Wiseman. "Pre-incorporation contract: A comparative analysis of the Canadian and Nigerian corporate law regimes." Corporate Law and Governance Review 3, no. 1 (2021): 29–42. http://dx.doi.org/10.22495/clgrv3i1p3.
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The question of how best to protect the interests of a promoter, a third party, and a company in pre-incorporation contracts is one that seems to have defied corporate law. Although this problem has its origin in common law, various countries have made efforts to address it through statutory reforms. The paper, therefore, examines the extent to which the Canadian and Nigerian legal regimes for the pre-incorporation contract have provided panaceas to the problem. This paper, through a comparative analysis, argues that although the legal regimes have made efforts to reform the common law rule on pre-incorporation contracts, they suffer patent defects. It also posits that notwithstanding the defects in the laws, the Canadian legal regimes offer more protection to parties to pre-incorporation contracts than Nigerian law. The paper suggests reforms in both regimes that would meet the reasonable expectations of the parties to a pre incorporation contract
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Nuvolari, Alessandro, and Michelangelo Vasta. "Patenting the Risorgimento: Economic Integration and the Formation of the Italian Patent System (1855–1872)." Jahrbuch für Wirtschaftsgeschichte / Economic History Yearbook 60, no. 1 (May 27, 2019): 93–122. http://dx.doi.org/10.1515/jbwg-2019-0005.
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Abstract In 1864, the patent law of the Kingdom of Sardinia was extended to the newly created Kingdom of Italy. In this paper, on the basis of a new dataset containing all Italian patents granted over the period 1855-1872, we examine the formative years of this crucial institutional change. Firstly, we map the characteristics of the inventors before and after the 1864 reform. In particular, we look at their nationality and geographical distribution within the country, the technological fields in which they were active, the intensity of use of the system (sporadic versus “systematic” patentees), and their investments in patent protection (measured in terms of the fees they were paying). We find that the reform of the patent system prompted a reconfiguration of the geographical structure of Italian inventive activity, producing an increasing participation of the inventors of the other pre-unitary states, and, at the same time, becoming more attractive for inventors on a large international scale. This can be interpreted as a sign of an effective integration policy, at least in this specific domain of government activity.
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Grynchuk, Vladyslav. "Protection of industrial property rights in the context of patent legislation reform." Theory and Practice of Intellectual Property, no. 5 (December 29, 2022): 35–43. http://dx.doi.org/10.33731/52022.270783.
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Keywords: protection of rights, intellectual property; patent, industrial design, invention,utility model, appeals chamber, patent trolling
The right of intellectual property is the leading drivingforce of the economy of any state; therefore its legal protection requires proper legalregulation and constant improvement through the adoption of new laws, amendmentsto current legal acts, and the introduction of innovations in judicial activity.On 21.07.2020, Ukraine adopted the Law of Ukraine «On Amendments to CertainLegislative Acts of Ukraine on Strengthening the Protection and Protection of Rightsto Marks for Goods and Services, Industrial Designs and Countering the Abuse of Patents» and the Law of Ukraine «On Amendments to some legislative acts ofUkraine regarding patent legislation reform». These laws were important steps in thefield of legal protection of intellectual property.These laws essentially complete the procedure for updating legislation in the fieldof industrial property. They have positive features, but also have some disadvantages.The article is devoted to the consideration of the peculiarities of the protection ofindustrial property rights in the context of reforming legislation in the field of intellectualproperty. The publication emphasizes that today in Ukraine there are a significantnumber of cases of violation of intellectual property rights, which cause significantdamage not only to the rights holders, but also to the state as a whole. Despitethe positive changes in legislation in the field of industrial property protection madein recent years, it should be emphasized the presence of certain shortcomings andcontradictions in the legal regulation of the procedure for acquiring and protectingrights to inventions, useful models and industrial objects. Projects, which is primarilydue to the lack of necessary changes regarding the implementation of legislativenorms at the sub-legal level. It is noted that measures to ensure the effective protectionof intellectual property rights should be directed not only by the state and its bodies,the main role in this should be played by the activities of the right holders themselvesin monitoring the observance of their rights and preventing violations.
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Oriakhogba, Desmond Osaretin. "DABUS gains territory in South Africa and Australia: Revisiting the AI-inventorship question." South African Intellectual Property Law Journal 9 (2021): 87–108. http://dx.doi.org/10.47348/saipl/v9/a5.
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This paper draws from and builds upon DO Oriakhogba ‘What If DABUS Came to Africa? Visiting AI Inventorship and Ownership of Patent from the Nigerian Perspective’ (2021) 42(2) Business Law Review 89. It reviews the recent granting of a patent by the Companies and Intellectual Property Commission (CIPC) to Dr Stephen Thaler in respect of the DABUS-generated invention in South Africa and the judgment of the Australian Federal Court (FCA) upholding AI-inventorship. The review, which is based on desk research, is conducted against a backdrop of statutory provisions and case law from both countries, the provisions of the Patent Cooperation Treaty (PCT) and relevant literature dealing with the inventorship question. The paper determines whether, without reform of the extant patent law and policy, recognition of artificial intelligence (AI) as an inventor does not undermine the foundational concept of human inventorship, and the central focus on human creation and agency for intellectual property protection in South Africa and Australia. In connection with this, the paper asks and examines the question of whether the CIPC patent grant and the FCA judgment can stand judicial scrutiny under the extant patent regimes in South Africa and Australia.
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Drahos, Peter. "“Trust Me”: Patent Offices in Developing Countries." American Journal of Law & Medicine 34, no. 2-3 (June 2008): 151–74. http://dx.doi.org/10.1177/009885880803400205.
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Patent rules matter to the structure and evolution of pharmaceutical markets. If they did not, pharmaceutical multinationals would not spend resources on their globalization and content. The role of pharmaceutical multinationals in shaping the patent provisions of the Agreement on the Trade-Related Aspects of Intellectual Property Rights (TRIPS) has been well documented. The contributions of developing country coalitions and nongovernmental organizations (NGOs) in the World Trade Organization (WTO) on TRIPS and access to medicines have also been studied.One actor, the patent office, has largely escaped detailed scrutiny in the literature that has grown around intellectual property law and access to medicines. There is an obvious explanation. Patent offices are administrative bodies. They administer patent standards that are decided and defined by others – the courts, legislatures or the executive acting in the context of treaty negotiation. For those interested in the structural reform of pharmaceutical markets, reforming patent office administration has not been a high priority.
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Homeniuk, Anastasiia. "Changing paradigm of supplementary protection of inventions in the national legislation of Ukraine." Theory and Practice of Intellectual Property, no. 6 (June 16, 2021): 54–61. http://dx.doi.org/10.33731/62020.233964.
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Key words: patent term extension, supplementary protection, supplementary protectioncertificate, drug patents, patent legislation reform
The article is mainly aimed at distinguishingtwo mechanism: patent term extension which used to be applied inUkraine before the patent reform, and supplementary protection certificates whichwere introduced to national legislation in 2020.Patent term extension in the way it was provided in the Ukrainian Patent Law is arather simple mechanism that didn’t require much regulations. It used to provide additionalperiod of patent monopolies which was equal to the period which elapsed betweenthe date on which the patent application was filed and the date of the marketingauthorisation, not more than 5 years. Since there were no limitation on the type ofpatent (basic patent) or requirement of the first marketing authorization, this regimeprovided an opportunity to extend not only basic patent term, but also all secondarypatents related to one drug. This created a situation when duration of patent monopolyfor one drug exceeded 35 years.Provided that national pharmaceutical industry is oriented on manufacturing ofgeneric drugs, supplementary protection certificates are more appropriate forUkraine. Firstly, this is due to the limitation of effective patent life to 15 years whichis more feasible considering the national context. Another positive thing about SPCsis some uncertainty in relation to definition of the subject matter and scope of SPCprotection. That means that the country can have some freedom in determining theways of its interpretation. However, it should be noted that such indeterminacy is agrey zone. Thus, it is necessary to consider how the country can benefit from the supplementaryprotection regimen. Since the pharmaceutical sphere is very sensitive,the SPC issues have direct effect on public health and access to treatment. So, the articlejustifies the general idea that implementation of new legislation provisions shallbe aligned with both ensuring pharmaceutical innovations and guaranteeing that thepublic health needs are still a priority. Therefore, considering the long-term negativeeffect of the patent term extension regimen, the new SPC approach should be as balancedas possible.
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Ding, Ke, Helian Xu, and Rongming Yang. "Taxation and Enterprise Innovation: Evidence from China’s Value-Added Tax Reform." Sustainability 13, no. 10 (May 19, 2021): 5700. http://dx.doi.org/10.3390/su13105700.
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This article used China as an example to study how tax reform affects the innovative behavior of companies. Our research showed that value-added tax (VAT) reform can affect corporate innovation behavior. On the basis of patent-application data of Chinese enterprises, we used the difference-in-differences framework to study the differences in the performance of Chinese industrial enterprises in patent applications before and after China’s 2009 VAT reform. We demonstrated that China’s VAT reform had a positive impact on corporate innovation; this conclusion is robust. In subsequent research, we demonstrated that the VAT reform promoted corporate innovation by expanding corporate investment in fixed assets and reducing corporate debt ratios; however, due to the Chinese government’s subsidies to corporations and financing constraints, the pecking-order effect of corporate innovation was increased. In addition, the VAT reform had a greater impact on the innovation of export enterprises and non-state-owned enterprises. This research provided insights for emerging countries into formulating innovation-driven sustainable development tax reduction policies.
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Phillips, Jeremy. "Intellectual property and innovation: A comment on the United Kingdom white paper on patent law reform." World Patent Information 8, no. 3 (January 1986): 193–97. http://dx.doi.org/10.1016/0172-2190(86)90026-8.
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Ajibo, Collins C. "Market Exclusivity and the Right to Health in South Africa: A Primer for Tackling the Paradox." Journal of African Law 64, no. 1 (February 2020): 53–80. http://dx.doi.org/10.1017/s0021855320000029.
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AbstractSouth Africa remains confronted with challenges to the realization of the right to healthcare services, shaped by both national and global dynamics. The proliferation of exclusivity regimes in intellectual property (IP) rule-making poses a threat to affordable healthcare services. Although South Africa is not a signatory to any of these enhanced IP norms, it may still be at risk through transposition, given that the current norm-setting constitutes the future direction of rule-making. These global dynamics are compounded by overly protective measures in South Africa's patent law as well as non-IP factors, particularly the prevalent weak health infrastructure. Although South Africa's IP Policy Phase I incorporates a raft of changes to address the situation, capacity constraints could thwart effective outcomes. Consequently, beyond the current patent law reform, there should be a roadmap for how to manage global IP norm-setting as well as non-IP factors, to foster universal healthcare coverage in South Africa.
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Coelho, Karoline Mota, Suzana Boschivier, and Maria Antonieta Couto. "Governmental policies to encourage atenting: a literature review / Políticas governamentais de incentivo ao patenteamento: uma revisão da literatura." Revista Online de Pesquisa : propriedade intelectual 1, no. 2 (April 17, 2019): 47. http://dx.doi.org/10.9789/2595-9859.2018.v1i2.47-54.
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The amount of patent applications filed each year in the world’s leading patent offices has increasedsignificantly over the past few decades. One of the factors identified as motivating this increase is the government’spolicies to encourage patenting. This paper aims to review some incentive policies adopted around the worldand, mainly, review the history of these policies in Brazil. In this context, the article addressed the Bayh-DoleAct of 1980 in the United States; the reform of Intellectual Property (IP) rights in German Universities in 2002;the financial incentives policy to the national depositor initiated in the 90’s by the Chinese government; and the2004 Innovation Law in Brazil.
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Arenson, Kenneth J. "The Chaotic State of the Law of Rape in Victoria: A Mandate for Reform." Journal of Criminal Law 78, no. 4 (August 2014): 326–40. http://dx.doi.org/10.1350/jcla.2014.78.4.931.
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This article is intended as a final commentary and sequel to two earlier articles in this journal that have examined the arcane and circular wording of s. 37AA of the Crimes Act 1958 (Vic) and its patent incompatibility with ss 36 and 38 of that Act that define the elements of rape. In particular, this article will revisit many of the essential points raised in the first two articles in order to afford readers with an appropriate backdrop against which the Victorian Court of Appeal's decision in GC v The Queen will be examined. The article concludes with a strenuous recommendation that s. 37AA be repealed or substantially amended in order to comport with ss 36 and 38 as well as the Court of Appeal's decision in NT v The Queen that significantly reshaped the Morgan principle.
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Dutfield, Graham, and Uma Suthersanen. "DNA Music." Science & Technology Studies 18, no. 1 (January 1, 2005): 5–29. http://dx.doi.org/10.23987/sts.55185.
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Patent regulation provides numerous examples of how policy decisions have consequences that run counter to what was intended. One reason that unintended consequences ensue arises from the fact that when powerful and organised business interests consider that a new reform inhibits their economic appropriation opportunities, they seek to make the perceived inadequacies of the law less harmful to their interests. They may achieve this through alternative legal means or by the adoption of new technologies. For certain reasons, regulating DNA patenting is especially vulnerable to unintended consequences. For businesses, one possible alternative to patents is to encode DNA sequences as music and use copyright and trade secrecy rather than patents. Of course, such alternative means of protection can have their own unintended consequences. If we are right in predicting that if molecular biology patenting is suppressed more and more, the legal and technological measures that lock up information will become increasingly attractive to industry, then one should tread very cautiously when reforming the patent system in this field. *Key words*: intellectual property, DNA patenting, biotechnology
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Tomlinson, C., C. Waterhouse, Y. Q. Hu, S. Meyer, and H. Moyo. "How patent law reform can improve affordability and accessibility of medicines in South Africa: Four medicine case studies." South African Medical Journal 109, no. 6 (May 31, 2019): 387. http://dx.doi.org/10.7196/samj.2019.v109i6.14001.
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Helmers, Christian, Yassine Lefouili, Brian J. Love, and Luke McDonagh. "The Effect of Fee Shifting on Litigation: Evidence from a Policy Innovation in Intermediate Cost Shifting." American Law and Economics Review 23, no. 1 (March 19, 2021): 56–99. http://dx.doi.org/10.1093/aler/ahab001.
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Abstract We study the effect of fee shifting rules on litigation. First, we build a model to study the theoretical effect of a change in cost-recovery rules on case filings, (postfiling) settlement, win rates, and plaintiffs’ average litigation expenditures. We then undertake an empirical analysis of the introduction of an intermediate cost shifting rule that falls between the English and American Rules: a reform that limits the size of fee awards to successful litigants in cases decided by the Intellectual Property Enterprise Court (IPEC), one of two venues where IP cases may be filed in England and Wales. Our empirical analysis takes advantage of heterogeneity among case types and compares IPEC cases with intellectual property cases litigated at the PHC of England and Wales, which was not subject to this reform. We find that patent case filings increased following the IPEC’s shift from a pure English Rule to a rule that caps costs awards. Consistent with our model’s predictions, we also find evidence that smaller plaintiffs both won less often and settled more often postreform, as well as evidence that larger plaintiffs spent less on litigation postreform.
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Homeniuk, Anastasiia. "Key issues of legal regulation of the supplementary protection of inventions in the field of pharmacy in the national legislation of Ukraine." Theory and Practice of Intellectual Property, no. 6 (December 27, 2021): 111–19. http://dx.doi.org/10.33731/62021.249108.
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Keywords: supplementary protection certificate, basic patent, procedure for obtainingsupplementary protection certificate
Key issues of legal regulation of the supplementary protection of inventionsin the field of pharmacy in the national legislation of UkraineThe article is devoted to the study of key issues of legal regulation of supplementaryprotection of inventions after the adoption of the Law of Ukraine «On Amendmentsto Certain Legislative Acts of Ukraine on Patent Legislation Reform» in the absenceof bylaws to regulate the procedure for issuing supplementary protection certificates.The study also highlights the main shortcomings and gaps in the regulation ofcertain issues of application of supplementary protection certificates in the currentLaw of Ukraine «On protection of rights to inventions and utility models.»The author in details analyses European Union approaches to definition of thesubject matter of the supplementary protection, providing criteria which are recommendedto use in order to decide whether the product is covered by the basicpatent in force. Also, the paper is focusing on the issues related to verification ofdata and materials provided together with the application for a certificate — suchas whether the requirement that the medicinal product must be submitted formarketing authorization in Ukraine no later than during one year after it’s first marketing authorization in the world, whether the authorization provided is thefirst authorization in Ukraine, etc.Another problem which is highlighted in the study is the application of the rule tosubmit the petition for obtaining supplementary protection to those patents and marketingauthorizations which were issued before the amendments to the Law came inforce, as this question remained unresolved due to the lack of transitional provisionsin the Law. Also author points out the necessity to align the provisions of the Article271 of the Law of Ukraine «On Protection of Rights to Inventions and Utility Models»regarding the definition of the subject matter of supplementary protection in accordancewith patent legislation by excluding application of the medicinal product fromthe list as it is not patentable according to Ukrainian law. In addition, the author emphasizedthe urge to adopt relevant bylaws (procedure) regulating the issue of certificatesof supplementary protection.
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Qin, Jie, Kaili Yang, and Xuhui Ding. "Can the Reform of the Transfer Tax System Affect Corporate Green Innovation—Evidence from China’s “BT to VAT” Reform." Sustainability 15, no. 4 (February 7, 2023): 2986. http://dx.doi.org/10.3390/su15042986.
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Taxation has long been an important tool for dealing with externalities, and studying whether tax policies can be linked to today’s green development trend can help macroeconomic decisions influence the green transformation of enterprises. The article uses the business tax to VAT reform (BT to VAT), the largest turnover tax reform in recent years that took place in China from 2012 to 2016, as an example. The policy effect model was constructed using the difference in difference method to explore the driving effect of the tax reform and related variables on corporate green innovation. The results show that the policy effect of tax reform can effectively promote an enterprise’s green innovation behavior, with the promotion effect on invention-based green patents being significantly higher than that on utility-based green patents; there is a certain time lag in the promotion of green innovation by the policy effect of tax reform, with a significant effect starting from the third year of the policy. The green innovation behavior of enterprises is influenced by the characteristics of enterprises, with a significant positive correlation with enterprise size and operating capacity. Green innovation behavior is influenced by the characteristics of enterprises and has a significant positive correlation with the size and operating capacity of enterprises. The implementation of the policy of ‘reducing taxes and fees’ is conducive to green innovation, and an effective tax reform should be formulated gradually in response to the national conditions and market situation; on the basis of quality assurance, unnecessary steps in the process of green patent application and approval should be reduced to improve the efficiency of green innovation; effective social supervision or the appropriate realization of corporate equity can be adopted to promote green innovation. Corporate equity to promote corporate green innovation.
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Xin, Liu, Ge Huilei, and Chen Guang. "Mixed Ownership of employee inventions in China's universities: progress, issues and suggestions." Queen Mary Journal of Intellectual Property 9, no. 1 (February 2019): 42–60. http://dx.doi.org/10.4337/qmjip.2019.01.03.
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As the most innovative and important institutes for the development of science and technology in China, due to various reasons, universities have not effectively achieved the commercialization of employee inventions. As a result, some universities have decided to conduct pilot projects with Mixed Ownership concerning patent rights for employee inventions under the framework of the Law of the People's Republic of China on Promoting the Transformation of Scientific and Technological Achievements (PTSTA) and Patent Law, namely transferring a portion of the rights to the employed inventors before the inventions are commercialized. The pilot reform has been backed by some local governments in China. This article systematically introduces and analyses this experimental system's theoretical and practical background, legal theory and policy logic. Southwest Jiaotong University (SWJTU) was selected as the subject of a case study to analyse its related progress and issues. This article also puts forward countermeasures and suggestions, such as establishing the comprehensive scientific research work orientation of the researchers in universities, preventing the legal risks of the transformation of employee inventions in universities, improving the capabilities of China's technology transfer institutions, and carrying out legislative practices, thereby providing references for the effective management of universities’ intellectual property and the reengineering of the employee invention system in China.
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Denham, Bryan. "Magazine Journalism in the Golden Age of Muckraking: Patent-Medicine Exposures Before and After the Pure Food and Drug Act of 1906." Journalism & Communication Monographs 22, no. 2 (May 20, 2020): 100–159. http://dx.doi.org/10.1177/1522637920914979.
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Although studies in mass communication and investigative journalism have examined associations between newspaper reporting and policy formation, little research has focused on the policy influence of magazine coverage. In addition, given research questions that implicitly or explicitly conclude with policy implementation, studies have tended to analyze materials prior to the passage of legislation with little attention paid to subsequent reporting. This monograph examines magazine coverage of patent medicines before and after the Pure Food and Drug Act of 1906 became law. Patent medicines, which appeared in the form of cure-alls, headache remedies, and soothing syrups, emerged long before the federal government regulated substances such as morphine and cocaine, and nostrums often included these substances in addition to alcohol. Near the turn of the 20th century, magazine journalists began to draw attention to the hazards associated with patent medicines, building an agenda for policy reform. The Pure Food and Drug Act of 1906 required manufacturers to list habit-forming substances and the quantities of those substances on product labels, and sales showed an appreciable decline; however, companies continued to profit. An examination of magazine articles showed that, in addition to patent-medicine manufacturers, newspapers received significant criticism for advancing industry interests through advertising. As a partial result of outlandish claims made in advertisements, problems with patent medicines continued after implementation of the Pure Food and Drug Act. Government officials and the U.S. Supreme Court were among those who undermined the 1906 law. Implications for investigative journalism, history, and public policy are discussed.
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Maguire, Jennifer Wai Shing. "A closer look at recent Chinese and US patent law reform: Will the America Invents Act and China's Third Amendment reduce the Sino-American Patent Divide?" International Journal of Liability and Scientific Enquiry 5, no. 3/4 (2012): 300. http://dx.doi.org/10.1504/ijlse.2012.051968.
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Kur, Annette. "Easy Is Not Always Good – The Fragmented System for Adjudication of Unitary Trade Marks and Designs." IIC - International Review of Intellectual Property and Competition Law 52, no. 5 (May 2021): 579–95. http://dx.doi.org/10.1007/s40319-021-01052-y.
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AbstractWhile the creation and still outstanding implementation of the Unified Patent Jurisdiction system continue to cause contentious debates among academics and practitioners, the system introduced in the early 1990s for adjudication of conflicts concerning unitary trade marks (and, later on, unitary design rights) had the charm of simplicity. Building on the national court systems instead of providing for a genuine EU judiciary, the scheme could easily be fitted into existing structures. On the other hand, the imperfect, limping character of the system creates issues inter alia concerning international jurisdiction and applicable law. Furthermore, attributing jurisdiction in infringement litigation to separate national court hierarchies may jeopardize the coherence of the system. While the prospects for reform may be dim insofar as the system in its entirety is concerned, the detrimental effects of fragmentation could be overcome at least to some extent by creating a unitary catalogue of sanctions.
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Bottomley, Sean. "Book review: Phillip Johnson, Parliament, Inventions and Patents: A Research Guide and Bibliography (Routledge 2018) 860 pp and Phillip Johnson, Privatised Law Reform: A History of Patent Law through Private Legislation, 1620–1907 (Routledge 2017) 208 pp." Queen Mary Journal of Intellectual Property 9, no. 1 (February 2019): 125–26. http://dx.doi.org/10.4337/qmjip.2019.01.08.
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Leigh, Jeffrey T. "Public Opinion, Public Order, and Press Policy in the Neoabsolutist State: Bohemia, 1849–52." Austrian History Yearbook 35 (January 2004): 81–99. http://dx.doi.org/10.1017/s0067237800020956.
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In the historiography of the Habsburg monarchy, the era of neoabsolutism, 1849–59, has generally been defined as either a period of reaction or one of missed opportunity when domestic policy was subordinated to the dynasty's great power interests. Historians commenting on this era have made important contributions, mostly in the area of foreign policy, state finance, economic developments, and constitutional theory, and have focused on what could or should have happened had the government chosen various reform agendas. None, however, have investigated the substantial developments then taking place in the alteration of state-society relations in the area of public opinion formation. Their interpretations have therefore missed and consequently masked the neoabsolutist state's pioneering efforts to create a wholly new relationship with the monarchy's disparate lands and peoples founded upon the rule of law under the Stadion Constitution, 4 March 1849, and then the Sylvester Patent, 31 December 1851.
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Ohiievych, S., and I. Kostenko. "LEGISLATIVE CHANGES AS A COUNTER “EVERGREEN” PATENTS." National Technical University of Ukraine Journal. Political science. Sociology. Law, no. 1(53) (July 8, 2022): 105–10. http://dx.doi.org/10.20535/2308-5053.2022.1(53).261125.
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First of all, during the elaboration of the topic on the state of intellectual property rights in the pharmaceutical sphere, the report of the European Commission on the situation with the protection of intellectual property in third countries was analyzed, on the basis of which the most common problems were identified. The problem of “evergreen’ patents, which is typical for Ukraine, is taken into consideration and research. In the course of the work the definitions of the terms “original drug” and “generic” are given. The obligatory stages of launching original medicines on the pharmaceutical market were also studied and the reasons for the long duration and high cost of this procedure were noted. In the same context, the reasons for the policy of many countries to support the production of generic drugs were considered. The main attention is paid to finding out the reasons for the emergence of “evergreen” patents and the consequences of their distribution. To confirm the negative impact of the above problem on the state’s provision of a high level of public health, indicators of the cost of medicines and the degree of patient provision were presented. It was noted that the state has taken a step towards solving the problem of “evergreen” patents by adopting the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine on the Reform of Patent Legislation”. However, in the course of the work, the effectiveness of some of the provisions of the Law was questioned and their assessment by the European Commission was given. In addition, the adopted Law of Ukraine “On Amendments to Certain Laws of Ukraine on Elimination of Artificial Bureaucratic Barriers and Corrupting Factors in Health Care”, which amended the Laws of Ukraine “On Medicinal Products” and “On Protection of Rights” on inventions and utility models”. Based on the analysis, the introduction of the “Bolar provision” into national legislation was noted, and both its advantages and possible risks were described. On the basis of the conducted researches the conclusions in which the priority direction of a policy of the state concerning regulation of the intellectual property rights in the field of pharmaceuticals is underlined are made.
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Matsumoto, Kei, Christoph Rademacher, and Ayako Suga. "Protecting IP Licenses and Jointly Owned IP in the Age of COVID-19: Insolvency and Force Majeure Events under Japanese Law." GRUR International 70, no. 5 (May 1, 2021): 463–85. http://dx.doi.org/10.1093/grurint/ikab008.
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Abstract This article provides an overview and discussion of a multitude of issues that are relevant for IP licensing under Japanese law. The authors recap the results of the legislative process that predominantly addressed the IP licensee’s position in the case of a licensor's insolvency, including the 2020 amendment to the Japanese Copyright Act, and examine whether a comprehensive reform of IP licensing regulations in Japan would be preferable to also offering better protection to trademarks, trade secrets and data licensees. Given that Japanese companies often agree on jointly owning IP generated in the process of software development and other co-development projects, we analyze the risks of joint ownership compared to non-exclusive licenses. To further illustrate such risks that may be even more significant in cross-border constellations, we conduct a comparative study on the actions that a party commissioning the development of new software can take without obtaining the software developer’s consent under Japanese, US and German patent and copyright law. Furthermore, we examine certain unresolved issues that may arise in the case of a party’s insolvency or the impact of force majeure events, and provide suggestions on how to address these when drafting and negotiating IP license agreements.
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Podshivalova, Mariya, and Dmitriy Podshivalov. "Estimate of Some Transaction Costs for Small Industrial Enterprises." Moscow University Economics Bulletin 2017, no. 5 (October 30, 2017): 40–60. http://dx.doi.org/10.38050/01300105201753.
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The article attempts to evaluate certain types of transaction costs for small businesses. In particular, it considers the costs of access to the law, tax burden, administrative burden, costs of illegality, specification and property rights protection, the costs of information search, costs of opportunistic behavior of employees. The author evaluates the impact of forthcoming institutional changes on transaction costs for small industrial enterprises in the context of such key "chronic problems" for this type of enterprises as low output demand, lack of investment, administrative barriers, underdeveloped transport and energy infrastructure. The article concludes that alongside positive changes, certain chronic problems and associated transaction costs remain outside the reform wave. It refers to such types of transaction costs as the costs of interaction (ex ante): cooperation with large enterprises, new markets entry and new products development (information retrieval related to the study of markets and potential consumers), patent search, excessive burden of small industrial enterprises applying standard tax system, the costs of finding investors, the costs to meet creditors requirements.
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Ivanenko, Dmytro, and Nataliia Hlushchenko. "LEGAL ASPECTS OF INTELLECTUAL PROPERTY IMPACT ON AVAILABILITY OF MEDICINES IN UKRAINE." Law Journal of Donbass 76, no. 3 (2021): 39–44. http://dx.doi.org/10.32366/2523-4269-2021-76-3-39-44.
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The right of a person to access medicines is derived from the right to health. At the time of the establishment of fundamental human rights, the issue of lack of access to medical supplies was not considered a violation of human rights. The spread of pandemics has led to the gradual recognition of the right of access to medicines. The TRIPS agreement fundamentally reformatted the discussion on access to medicines. Prior to the TRIPS Agreement, states had considerable independence in the formation and implementation of state policy in the field of intellectual property. TRIPS obliges countries to provide pharmaceutical patents. The growing influence of the international patent system has aroused widespread interest and concern about the impact on access to medicines. The Doha Declaration on the TRIPS Agreement defines the importance of the implementation and interpretation of the Agreement in the most favorable way for the protection of public health by making available to the public existing medicines and creating conditions for the production of new ones. Ukraine is on the way to creating its own legislation in the field of intellectual property. Art. 219 of the Association Agreement between Ukraine and the European Union contains provisions according to which the parties recognize the importance of the Declaration on the TRIPS Agreement in the field of health care. Positive changes in the field of intellectual property include the provisions of the Law of Ukraine «On Amendments to Certain Legislative Acts of Ukraine on the Reform of Patent Legislation» № 816-IX as of 21.07.2020. This law limited the range of objects to be patented. The implementation of these legislative changes is impossible without a proper methodology for the examination of novelty. Reforming the national system of intellectual property protection has created good preconditions for the formation of a civilized pharmaceutical market in Ukraine. Among the areas of legislation in Ukraine, there is an urgent need to form an institution of compulsory licensing. A separate area is the introduction of the pre-grant and post-grant procedures of the opposition. An important area of legislative work is the formation of a favorable domestic policy for innovation and invention in the field of medicine and biotechnology.
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Blum, Daniel W. "Debate on the US Tax Reform and the EU ATAD: The Proposal for a Global Minimum Tax: Comeback of Residence Taxation in the Digital Era?: Comment on Can GILTI + BEAT = GLOBE?" Intertax 47, Issue 5 (May 1, 2019): 514–22. http://dx.doi.org/10.54648/taxi2019052.
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While the political and academic debate on how to address the tax challenges raised by the digitalized economy has been revolving predominantly around extending the right to tax of the source/market state, the most recent proposal - a global minimum tax - chooses a very different path. The idea of a global minimum tax system is to ensure a certain minimum level of taxation through strengthened CFC- and anti-base erosion rules; the underlying policy agenda being that zero or overall low taxation should not only be mitigated by granting more taxing rights to source/market states but by strengthening the residual taxing right of resident states. So far, technical details on how such a system should look like are still missing. Behind this background, the question has been raised in literature whether the US GILTI- and BEAT-rules, introduced in the course of the 2017 US tax reform, could serve as a blueprint for global reform. Taking both GILTI and BEAT as a starting point, this paper tries to develop a tentative tax policy decision tree highlighting crucial conceptual, technical and political issues legislators will have to find solutions for, when implementing such a global minimum tax regime. In doing so, the paper claims that a specific (BEAT-like) outbound regime supplementing the regime’s inbound prong (i.e. GILTI-like rules) might be obsolete insofar as both overlap. An unaligned and parallel application of both, inbound and outbound elements, inherently leads to double taxation. From a policy perspective the implementation of a global minimum tax system along the lines of GILTI and BEAT would have two noteworthy side effects: not only would it mean a significant shift to the credit method and hence capital export neutrality, but would - as the name 'minimum tax system' indicates - also potentially mean the end of preferential regime for income from intangibles, e.g. patent boxes; a somewhat ironic effect considering that the third major change to the US international tax rules put into place in 2017, the Foreign Derived Intangible Income (FDII) rules introduced exactly such a preferential system. Moreover, the inherently unilateral nature of the rules such a global minimum tax system would be based upon (i.e. CFC- and anti-base erosion rules) would arguably decrease the relevance of tax treaties and lead to the problem that the existing treaty based mechanism for dispute resolution might become ineffective. Last but not least, implementing a minimum tax regime would require diligent manoeuvering around significant EU law concerns.
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Ma, Xiao, and Shujie Feng. "To Increase Damages of Intellectual Property Infringement in China: A Double-Edged Sword for the Market." Journal of World Trade 53, Issue 1 (February 1, 2019): 39–58. http://dx.doi.org/10.54648/trad2019002.
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TRIPs Agreement encourages WTO members to enhance intellectual property (IP) protection, and developed countries have been pushing developing countries to the high level of protection of IP. However, this is not always good for the market. The damages for IP infringement increased drastically in China in recent years. This has drawn our attention to the application of the Chinese IP laws. This article analysed the rules in Chinese patent, trademark and copyright laws and their application by Chinese courts regarding damages adjudication with most updated legislative documents, statistics, important cases as well as the judicial policies of the Chinese Supreme Court. The article found that, driven by judicial policy, the courts used significant discretion to achieve increase of damages unjustifiably. This is a double edged sword for the market because, though favourable to IPR owners, it is harmful to the rule of law and it makes IP enforcement a business to misappropriate licit profit of infringer, especially in view of the emerging IP trolls. China should carry out reform to improve the legal regime of damages for IP infringement. The solution to these problems lies in resorting to the strict application of compensatory damages.
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Volynets, Inna. "Administrative principles of intellectual property rights protection against unfair competition on the pharmaceutical market in Ukraine." Theory and Practice of Intellectual Property, no. 4 (October 25, 2021): 54–61. http://dx.doi.org/10.33731/42021.243146.
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Keywords: administrative protection of intellectual property rights, unfair competition,pharmaceutical market, AMCU, NIPA Appeals Chamber, post-grant opposition,pre-grant opposition
The article is dedicated to study for peculiarities of intellectual propertyrights protection on pharmaceutical market under administrative procedure. Thepaper enlightens importance of balancing the regulation of antitrust and intellectualproperty law, through legislative reform as well. It is emphasized on the specifics ofthe jurisdictional form of rights protection, which is comprised from judicial protectionand administrative protection of infringed intellectual property rights. The authordenotes that the administrative procedure is a special form of protection, whichinvolves appealing to government agencies for violated rights protection. The studyuncovers the following main state bodies, entrusted with the relevant functions andwhich consider applications on measures for violated rights protection: The AntimonopolyCommittee of Ukraine and the Appeals Chamber of the National IntellectualProperty Authority (NIPA Appeals Chamber). It is stated that the AntimonopolyCommittee of Ukraine is qualified to consider offences in terms of protection againstunfair competition, respectively, the NIPA Appeals Chamber considers objectionsagainst the National Intellectual Property Authority, appeals and applications forrecognition of the trademark to be well-known in Ukraine. Emphasis is placed on themechanisms of «post-grant opposition» (recognition of rights to inventions (utilitymodel), industrial designs invalid) by the NIPA Appeals Chamber and «pre-grant opposition» (possibility of appealing decisions by third party to the NIPA Appeals Chamber).It is proved that the NIPA Appeals Chamber is a competent and qualified bodyin the intellectual property field, enabled to protect intellectual property rights, includingagainst «patent trolling», «evergreen» patents and counteract indirectly withunfair competition. The paper proves that the administrative procedure for the intellectualproperty rights protection is speedier than the judicial procedure, but is as effectiveand efficient as judicial protection.
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Mariner, Wendy K. "Health Reform: What's Insurance Got to Do with It? Recognizing Health Insurance as a Separate Species of Insurance." American Journal of Law & Medicine 36, no. 2-3 (June 2010): 436–51. http://dx.doi.org/10.1177/009885881003600208.
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Health reform debates in the United States are typically conducted using the language of insurance. President Barack Obama described his hopes for expanding access to care as “health insurance reform.” Both proponents and opponents of reform debated the merits of reform proposals leading to the Patient Protection and Affordable Care Act of 2010 in insurance terms. Yet, disagreements over the structure of reform reveal deep differences in what proponents and opponents of reform mean by insurance and the role it should play in mediating access to health care. Scholars of insurance law are likely to describe insurance somewhat narrowly as a risk spreading device. Industry representatives, among others, often view conventional indemnity insurance as the norm. From this perspective, reforms that move too far beyond underwriting risks can be seen as undermining actuarial fairness, threatening the very idea of insurance and possibly the industry itself.
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Saver, Richard S. "In Tepid Defense of Population Health: Physicians and Antibiotic Resistance." American Journal of Law & Medicine 34, no. 4 (December 2008): 431–91. http://dx.doi.org/10.1177/009885880803400401.
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AbstractAntibiotic resistance menaces the population as a dire public health threat and costly social problem. Recent proposals to combat antibiotic resistance focus to a large degree on supply side approaches. Suggestions include tinkering with patent rights so that pharmaceutical companies have greater incentives to discover novel antibiotics as well as to resist overselling their newer drugs already on market. This Article argues that a primarily supply side emphasis unfortunately detracts attention from physicians' important demand side influences. Physicians have a vital and unavoidably necessary role to play in ensuring socially optimal access to antibiotics. Dismayingly, physicians' management of the antibiotic supply has been poor and their defense of population health tepid at best. Acting as a prudent steward of the antibiotic supply often seems to be at odds with a physician's commonly understood fiduciary duties, ethical obligations, and professional norms, all of which traditionally emphasize the individual health paradigm as opposed to population health responsibilities. Meanwhile, physicians face limited incentives for antibiotic conservation from other sources, such as malpractice liability, regulatory standards, and reimbursement systems. While multi-faceted efforts are needed to combat antibiotic resistance effectively, physician gatekeeping behavior should become a priority area of focus. This Article considers how health law and policy tools could favorably change the incentives physicians face for antibiotic conservation. A clear lesson from the managed care reform battles of the recent past is that interventions, to have the best chance of success, need to respect physician interest in clinical autonomy and individualized medicine even if, somewhat paradoxically, vigorously promoting population health perspectives. Also, physicians' legal and ethical obligations need to be reconceptualized in the antibiotic context in order to better support gatekeeping in defense of population health. The principal recommendation is for increased use of financial incentives to reward physicians for compliance with recommended guidelines on antibiotic prescribing. Although not a panacea, greater experimentation with financial incentives can provide a much needed jump-start to physician interest in antibiotic conservation and likely best address physicians' legitimate clinical autonomy concerns.