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Aegis or Achilles Heel: The Dilemma of Homology in Biopatents in the Wake of Novozymes

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Book Series: Munich Intellectual Property Law Center – MIPLC ISBN: 9783845292717 Year: Volume: 32 Pages: 72 DOI: http://dx.doi.org/10.5771/9783845292717 Language: English
Publisher: Nomos Verlagsgesellschaft mbH & Co. KG
Subject: Law
Added to DOAB on : 2018-11-05 12:58:39
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Biopatents frequently disclose sequences of polypeptides and nucleic acids in the written description. The claims often cover a homology range surrounding the disclosed sequence to get a broader protection. However, homology claims face a hurdle that they may lack support by the written description. The Supreme Court of China ruled that homology claims lack support, but a further limitation by species of origin satisfies this requirement. This study explains that homology per se should have formed the essence of such disputes. Homology dictates the skilled person’s confidence on the functionality of unknown sequences, and is involved in multiple patentability requirements. Thus, the assessment of support is not an isolated matter. Disparity of different requirements creates an unclaimable gap, and constitutes a discrimination to biotechnology. An appropriate test for the support requirement is thus furnished to confer a scope of protection commensurating to the technical contribution.

Revisiting China's Competition Law and Its Interaction with Intellectual Property Rights

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Book Series: Munich Intellectual Property Law Center - MIPLC ISBN: 9783845292687 Year: Volume: 30 DOI: http://dx.doi.org/10.5771/9783845292687 Language: English
Publisher: Nomos Verlagsgesellschaft mbH & Co. KG
Subject: Law
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Taking the dynamics of EU competition policy as a reference, the author provides a historical perspective of China's competition law, enforcement mechanisms and future challenges against the background of ongoing economic reforms and the concomitant modernisation of the judicial system. Readers are familiarised with the main principles of China

Examining the Role of Patent Quality in Large-Scale "Patent War" Litigation

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Book Series: Munich Intellectual Property Law Center – MIPLC ISBN: 9783845293097 Year: Volume: 31 Pages: 78 DOI: http://dx.doi.org/10.5771/9783845293097 Language: English
Publisher: Nomos Verlagsgesellschaft mbH & Co. KG
Subject: Law
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Although the U.S. Patent System has been essential to spurring innovation, it has wavered in its efficiency and effectiveness at doing so. This research first makes historical comparison and analysis of the Apple and Wright landmark patent war cases to illustrate that, irrespective of timing, benefits of a patent system rest heavily on how well it defines and maintains “patent quality.” Much of the challenge in maintaining such quality relates to the subjective and often uncertain nature of invention criteria such as “non-obviousness.” As shown by recent trends, decreased patent quality leads to greater uncertainty about patent validity, which in turn invites more litigation. This work proposes that, in order to improve constancy on patent quality, the U.S. patent office should consider returning to original strategies envisioned by the Founders of the United States as described by a patent-registration system that emphasizes utility and public review in governing the patent granting process. Modern information technology can now be applied to effectively restore this original framework envisioned for patent quality control systems.

FTO (Freedom to Operate) in the Pharmaceutical Industry

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Book Series: Munich Intellectual Property Law Center - MIPLC ISBN: 9783845294018 Year: Volume: 34 DOI: http://dx.doi.org/10.5771/9783845294018 Language: English
Publisher: Nomos Verlagsgesellschaft mbH & Co. KG
Subject: Law
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FTO licensing in the pharmaceutical industry deserves special consideration because of the large economic scale of the market, expensive cost of R&D, extremely low success rate, and easy duplication of the drug. Taking these unique aspects into consideration, the author first explaines how to perform a good FTO search and conclude an appropriate FTO licensing agreement, and then points out two issues; (i) the issue of FTO licensing and EU competition, especially the unreasonable application of the Guideline, and (ii) the issue of FTO licensing and differentiating between a bio venture company and a pharmaceutical company. Solutions for these issues are proposed.

Eli Lilly and Beyond

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Book Series: Munich Intellectual Property Law Center – MIPLC ISBN: 9783845293110 Year: Volume: 33 Pages: 84 DOI: http://dx.doi.org/10.5771/9783845293110 Language: English
Publisher: Nomos Verlagsgesellschaft mbH & Co. KG
Subject: Law
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Through the emergence of several high-profile investment arbitration cases, the effects of IPRs as investments covered under IIAs have finally come to light. The latest award, the only arbitration case dealing with patents as IPRs – the Eli Lilly v. Canada case – has brought up a number of interesting questions. Two of Eli Lilly's patents have been revoked, whereupon the company tried to redeem them through investment arbitration. One of the claims put forward by Eli Lilly is that his legitimate expectations, a standard of protection found in international investment law, have been frustrated by Canada. By allegedly failing to observe its obligations contained in Chapter 17 of the NAFTA, Canada frustrated the legitimate expectations of Eli Lilly. The thesis tries to analyze how the relationship between international IP treaties and legitimate expectations functions.

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: English
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: English
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: English
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: English
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: English
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.

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