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Implementation of the EU Enforcement Directive in the Baltic Countries

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Book Series: Munich Intellectual Property Law Center – MIPLC ISBN: 9783845226934 Year: Volume: 7 Pages: 262 DOI: http://dx.doi.org/10.5771/9783845226934 Language: en
Publisher: Nomos Verlagsgesellschaft mbH & Co. KG
Subject: Law
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How did the implementation of the EU Enforcement Directive on IP rights, which was adopted just before the expansion of the EU in May 2004, affect new EU Member States? This monograph is focused on three Baltic countries (Lithuania, Latvia and Estonia) and is aimed to present the collected information on the most relevant historic, social, economic and legal factors of those countries and to examine them. The examination leads to certain observations on what impact the listed factors made on the implementation of the Directive in that region, how they changed the “IP enforcement mechanisms”, case practise which existed before the adoption of the Directive, and what IP right holders can expect when litigating in the Baltics. Besides, this monograph gives a bigger picture on what the aims and objectives of the Enforcement Directive were and how they were actually reflected in the current IP enforcement practice of the so-called countries in transit where effective enforcement of IP rights is essential.

Copyright, the Freedom of Expression and the Right to Information

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Book Series: Munich Intellectual Property Law Center – MIPLC ISBN: 9783845231266 Year: Volume: 8 Pages: 84 DOI: http://dx.doi.org/10.5771/9783845231266 Language: en
Publisher: Nomos Verlagsgesellschaft mbH & Co. KG
Subject: Law
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With the advent of a global community, which draws its sustenance from the unfettered communication of ideas and expression, it is worth reflecting on the role of copyright law and considering whether the existing legal frameworks of copyright in Europe have the capacity to meet the changing needs of a new generation who have given a whole new meaning to the term ""creativity"" and to that of ""original expression."" This book considers the prevailing tension between the competing values of copyright, the freedom of expression, and the right to information. It also looks at the possibility of introducing a public interest exception to the copyright framework of the European Union as a means of resolving the existing discord, along with a comparative survey of the developments presently taking place in the jurisdictions of France, Germany, and the UK.

Patents in the Food Sector

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Book Series: Munich Intellectual Property Law Center – MIPLC ISBN: 9783845210230 Year: Volume: 1 Pages: 206 DOI: http://dx.doi.org/10.5771/9783845210230 Language: en
Publisher: Nomos Verlagsgesellschaft mbH & Co. KG
Subject: Law
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Interestingly enough, food, being central to every human being, has been excluded from pat-entability in many patent laws. The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) now forces all Members of the World Trade Organization to abolish the exemption. For this reason, this study looks at the Patent Acts of Germany, Brazil, China, and India in a comparative law approach with respect to the exemption to patentability of food-related inventions and the effects of its abolition. Secondly, it describes the food sector of today and particularly its technological developments. Finally, the intellectual property situation of the food sector is analyzed.

Patents and Public Health

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Book Series: Munich Intellectual Property Law Center – MIPLC ISBN: 9783845212654 Year: Volume: 3 Pages: 292 DOI: http://dx.doi.org/10.5771/9783845212654 Language: en
Publisher: Nomos Verlagsgesellschaft mbH & Co. KG
Subject: Law
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Do patents rules prevent countries from acquiring affordable medicines? A number of legal experts and governments have felt that the WTO, in particular the TRIPS Agreement, forces countries to favour patents over public health. The WTO sought to settle this dispute by concluding the Public Health Declaration. This book closely analyses the legal situation within the WTO prior to the Declaration and the consequences that resulted from it. It discusses the value of the changes, nationally and internationally, and the extent to which it makes the access to medicines more affordable. This review addresses not only the mere assessment of the positions of pro-patent countries but also takes a look at the obligations that developing countries have internationally and to their citizens. The analysis in this book is a comprehensive aid to lawyers as it explains the scope and purpose of the TRIPS Agreement provisions. It assists politicians and lobbyists by demystifying the treaty texts and by indicating the boundaries of lawful governmental action. Public Health representatives will be able to use this book to implement health care measures in a lawful way, both nationally and internationally.

Fact-Gathering in Patent Infringement Cases: Rule 34 Discovery and the Saisie-Contrefaçon

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Book Series: Munich Intellectual Property Law Center – MIPLC ISBN: 9783845219714 Year: Volume: 4 Pages: 58 DOI: http://dx.doi.org/10.5771/9783845219714 Language: en
Publisher: Nomos Verlagsgesellschaft mbH & Co. KG
Subject: Law
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Die Autorin beschäftigt sich mit der Informationsbeschaffung in Patentrechtsstreitfällen. Sie vergleicht die Regelungen im amerikanischen Recht mit dem französischen Institut der Saisie-Contrefacon.

Patentability Requirements for Nanotechnological Inventions

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Book Series: Munich Intellectual Property Law Center – MIPLC ISBN: 9783845220826 Year: Volume: 5 Pages: 60 DOI: http://dx.doi.org/10.5771/9783845220826 Language: en
Publisher: Nomos Verlagsgesellschaft mbH & Co. KG
Subject: Law
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Die Neuerscheinung beschäftigt sich mit der Patentierbarkeit von nanotechnologischen Erfindungen.

Technology Pooling Licensing Agreements: Promoting Patent Access Through Collaborative IP Mechanisms

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Book Series: Munich Intellectual Property Law Center - MIPLC ISBN: 9783845226316 Year: Volume: 10 DOI: http://dx.doi.org/10.5771/9783845226316 Language: en
Publisher: Nomos Verlagsgesellschaft mbH & Co. KG
Subject: Law
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In patent communities several patentees cooperate contractually to licence the respective patented technologies to third parties. In consideration of the rising relevance of this business practice, this book discusses crucial courses and strategic considerations, which are the basis for the establishment of patent communities, both in legal and empirical regard, in order to identify the optimal conditions for successful conversion in a competitive surrounding. Thus the best conditions for the promotion of innovation are to be created.

Enforcement of FRAND Commitments under Article 102 TFEU

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Book Series: Munich Intellectual Property Law Center - MIPLC ISBN: 9783845229843 Year: Volume: 9 DOI: http://dx.doi.org/10.5771/9783845229843 Language: en
Publisher: Nomos Verlagsgesellschaft mbH & Co. KG
Subject: Law
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Defining the true meaning of the acronym FRAND reminds of the parable of two political parties arguing before the elections: who is right and who is wrong, although they both know that there is no such thing as one truth and most utterly it depends on the individual perspective. Given the very substantial legal and business concerns involved within the telecommunication standardization environment, the conflicts what FRAND terms and conditions means seem to be unavoidable.

Patentability of Chemical Selection Inventions: The Olanzapine and Escitalopram Decisions

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Book Series: Munich Intellectual Property Law Center - MIPLC ISBN: 9783845232188 Year: Volume: 12 DOI: http://dx.doi.org/10.5771/9783845232188 Language: en
Publisher: Nomos Verlagsgesellschaft mbH & Co. KG
Subject: Law
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The thesis is a response to the recent decisions of the German Federal Court of Justice on the patentability requirements of selection inventions, namely, the Olanzapine and Escitalopram decisions.

The Role of the Patent System in Stimulating Innovation and Technology Transfer for Climate Change

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Book Series: Munich Intellectual Property Law Center - MIPLC ISBN: 9783845234472 Year: Volume: 13 DOI: http://dx.doi.org/10.5771/9783845234472 Language: en
Publisher: Nomos Verlagsgesellschaft mbH & Co. KG
Subject: Law
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The world increasingly faces the adverse impact of climate change. What role can intellectual property play to stimulate the necessary innovation and technology transfer? Providing an inventory of patent law, policy and information, including certain private initiatives, this thesis discusses issues at the crossroads of intellectual property and climate change, such as: compulsory licensing for climate change, patent offices

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