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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

The Scope and Limits of Protection for Distinctive Signs against the Community Design

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Book Series: Munich Intellectual Property Law Center - MIPLC ISBN: 9783845243856 Year: Volume: 17 DOI: http://dx.doi.org/10.5771/9783845243856 Language: en
Publisher: Nomos Verlagsgesellschaft mbH & Co. KG
Subject: Law
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This book addresses the application and the implications of Art. 25(1)(e) CDR - the basis for invalidation of a Community design on the basis of infringement of a prior distinctive sign. This potentially attractive provision, allowing for an invalidation with reference to various legal provisions, results to date in a lower number of invalidations than Art. 25(1)(b) CDR - the other basis for invalidation available for the owners of distinctive signs.

The Effects of Trademark Rights on the East African Common Market

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Book Series: Munich Intellectual Property Law Center – MIPLC ISBN: 9783845242156 Year: Volume: 16 Pages: 276 DOI: http://dx.doi.org/10.5771/9783845242156 Language: en
Publisher: Nomos Verlagsgesellschaft mbH & Co. KG
Subject: Law
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Trademark rights play a significant role in the proper functioning of a common market of a given regional bloc. Experience teaches that, unless national trade mark regimes of individual countries cooperating in a given regional bloc such as the East African Community (EAC) are integrated into a common market, trademark proprietors may invoke their intellectual property rights to dissect the common market into different national markets and in that way blocking the free movement of trademarked goods from one part of the common market to the other. This book is therefore intended as guideline when addressing the challenges posed on a regional common market by the absence of a common market for trademarked goods. The study provides for legal techniques through which the latter market may be established to compliment an existing common market as a policy choice in favour of the principle of free movement of goods. To this end, the book analyses key principles that govern the EU’s community trade mark system and determines the extent to which these principles may be adapted to suit the EAC common market.

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