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Patent Protection for Second Medical Uses

Patent Protection for Second Medical Uses Author Jochen Buhling
ISBN-10 9041182535
Release 2016
Pages 574
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AIPPI Law Series Volume 2 Patent Protection for Second Medical Uses explains the key jurisdictional differences and challenges in protecting and enforcing second medical use (SMU) claims. When a party proposes an SMU for a known substance or compound, special issues of patentability arise as they form an important component of the potential second-line patent protection. Jurisdictions around the world vary significantly in their treatment of such claims. This compendium of contributions from nineteen jurisdictions worldwide is the result of the need for a broader and more detailed exposition in SMU in order to allow comparison between jurisdictions. What's in this book: The authors have been carefully selected based on their experience and in-depth knowledge about medical patents in their respective jurisdictions. Each chapter considers such issues and topics as the following: availability of protection; validity of claims; scope of protection; enforcement; and infringement and investigations of SMU claims. This book provides a detailed country-by-country analysis by focusing on specific issues and national peculiarities that deviate from the European Patent Office (EPO) practice. The analysis starts with the availability of the protection for SMU claims and the legal basis these claims are based upon, and then continues with the scope of protection and infringement of SMU claims. A general chapter about the practice of the EPO addresses in particular the latest changes in the format of SMU claims from the 'Swiss-type claims' to the 'EPC 2000 claims'. How this will help you: This book serves as a guide for filing a patent application by assessing the risks of conflict with existing patents or patent applications thereby enabling practitioners to be prepared for defending against infringement and enforcement procedures concerning SMU claims. As a comparative law study on an important and controversial field, this book is of tremendous practical interest for those involved in the industry. Applicants for pharmaceutical patents, third parties, and interested legal practitioners will benefit greatly from its thorough comparative analysis and guidance.



Pharmaceutical Patents in Europe

Pharmaceutical Patents in Europe Author Bengt Domeij
ISBN-10 9041113487
Release 2000-03-15
Pages 364
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The pharmaceutical industry and patent legislation are inextricably linked. Pharmaceutical companies could not exist without some guarantee that they can recoup the cost of developing a new product. European patent law offers this opportunity, as it allows companies to exclude competition for a specific product for a fixed time scale. In "Pharmaceutical Patents in Europe" the current legal patent situation is examined by a detailed analysis of case law from the European Patent Office (EPO), the international body created with the signing of the European Patent Convention (EPC). Aspects of European patent law not primarily regulated in the EPC, for example Supplementary Protection Certificates and infringement matters, are examined in the setting provided by EC law and domestic laws of European states. This book is written for the reader who understands the main characteristics of patent law and is looking for a practitioner's text on the European pharmaceutical patent law scene. Moreover, the author's remarks can help all readers to look at the field with fresh eyes.



The Annotated European Patent Convention

The Annotated European Patent Convention Author Derk Visser
ISBN-10 9041195513
Release 2017-12-15
Pages 974
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The twenty-fifth edition of this preeminent work ? the only regularly updated authoritative article-by-article commentary in English on the European Patent Convention (EPC), its implementing regulations, and associated case law ? provides the complete text of the 2000 Convention annotated with commentary and expert guidance on the interpretation of each paragraph. Since its first edition in 1994 it has provided the European patent community with the necessary insights to practise successfully before the European Patent Office. 0In addition to a thorough updating of developments, new material in the twenty-fifth edition includes the following: 0- important amendments in the latest edition of the Guidelines that entered into force 1 November 2017;0- announced amendments of the law that enter into force after 15 November 2017;0- a new decision of the Enlarged Board of Appeal on partial priority;0- the changed structure of the Boards of Appeal and the effect on their perceived independence.



Patent Enforcement Worldwide

Patent Enforcement Worldwide Author Christopher Heath
ISBN-10 9781782259763
Release 2015-11-19
Pages 640
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This book features 15 country reports on the patent enforcement practice of the world's most litigated countries in Europe, Asia and the Americas. Litigation strategies for both right owners and alleged infringers are explained against the background of case law on: types of action, standing to sue, jurisdiction, obtaining evidence, provisional and final measures, trial practice, types of infringement, remedies and counterclaims, costs and issues of retrial, threats and wrongful enforcement. Special chapters cover the Trade-Related Aspects of Intellectual Property Agreement provisions on enforcement, enforcement issues in the European Community, international cross-border litigation and border measures. The reports are written by patent practitioners or academic experts in the field, and the homogenous structure of the country reports allows for an easy identification of best practices and strategic considerations on the choice of jurisdiction.



US Patent Law for European Patent Professionals

US Patent Law for European Patent Professionals Author Audrey Nemeth
ISBN-10 9041160442
Release 2015-04-02
Pages 250
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United States patent law, like the European Patent Convention (EPC), is based on a hierarchical code of statutes, regulations and administrative guidelines. However, there are numerous important distinctions, knowledge of which is crucial to successfully protect and leverage intellectual property in the United States. In this highly practical, one-of-a-kind book, European patent professionals will find, detail by detail, exactly what is required at every stage of a patent proceedings in the United States. Using a directly comparative presentation, the coverage includes such details of patent law and procedure as the following: drafting applications and filing them at the US Patent Office; provisions of the America Invents Act of 2011; possible responses to a Final Office Action; US definitions of novelty and inventiveness; types of patents recognized in the United States; structure of the US Patent Office and the US court system; variations in the definitions of basic patentability criteria; types of US post-grant proceedings and third-party submissions; appeal proceedings at the US Patent and Trademark Office; inventor's oath; foreign filing license; cost and time periods for various procedural acts; the work of US patent attorneys, agents and examiners; uses of the US Manual of Patent Examination Procedure (MPEP); and the US provisional application procedure. Every step in the process is described and directly compared as it operates under both the EPC and US patent law. There is no other available source of such instantly accessible information for European patent lawyers, in-house counsel, or EPC or national patent office officials, to all of whom this book will be of immeasurable value and usefulness. Intellectual property law academics and students will also benefit from the book's rigorous comparative approach."



Guide to EU Pharmaceutical Regulatory Law

Guide to EU Pharmaceutical Regulatory Law Author Sally Shorthose
ISBN-10 9789041136589
Release 2011
Pages 680
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This online version of this title will be shortly available at www.kluwerlawonline.com . It is written by and for lawyers, both in-house and in private practice, who find themselves having to advise a client or clients on this ever-changing area of law, perhaps on the steps needed to bring a product to market including any supplementary obligations (such as the need to conduct a clinical trial of the product for paediatric use), or perhaps when advising on clinical trial agreements, what “normal” rights and obligations of parties should be included in the agreement. We hope the book will also be of interest and assistance to regulatory advisers. Each chapter presents a particular process or subject from a Europe-wide perspective. The chapters take the reader through the life of a medicinal product or medical device, from development to clinical trials to product launch and afterwards, and we provide guidance in matters where regulatory law is used as an instrument of life-cycle management. With the exception of the advertising chapter, this book deals primarily with the European level of legislation. Where there are significant national deviations or differences in interpretation, we have been able to take advantage of the breadth of Bird & Bird experience in a number of major jurisdictions: ;UK, ;France, ;Germany, ;Spain, ;Belgium, ;The Netherlands, ;Italy and ;Sweden to create national variations charts that appear at the end of certain chapters. These charts provide information on how the subject matter of the chapter is implemented in those eight major Member States, and they also serve to illustrate how implementation of the EU regulations varies between Member States. We have only included relevant or significant information so the length of these appendices varies, and for some subjects, such as paediatrics, the legislation is so new and pan-European that we decided that no local variation needed to be included. In addition, at the end of each chapter we have included a list of guidelines/publications which will direct the readers to sources of additional information. European legislation is peppered with acronyms. For help keeping them all straight, we included a list of the most commonly used ones in the pharmaceutical area, in addition to those that appear in each chapter. This online version of this title will be shortly available at www.kluwerlawonline.com.



Grounds of the Immaterial

Grounds of the Immaterial Author Niels van Dijk
ISBN-10 9781786432506
Release 2017-07-28
Pages 328
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This book applies a novel conflict-based approach to the notions of ‘idea’, ‘concept’, ‘invention’ and ‘immateriality’ in the legal regime of intellectual property rights by turning to the adversarial legal practices in which they occur. In doing so, it provides extensive ethnographies of the courts and law firms, and tackles classical questions in legal doctrine about the immaterial nature of intellectual property rights from a thoroughly new perspective.



Design Rights

Design Rights Author Christopher V. Carani
ISBN-10 9041188649
Release 2017-09-05
Pages 688
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AIPPI Law Series Volume 3 Design Rights: Functionality and Scope of Protection addresses the issue of functionality in the context of design rights. Protection of industrial and other designs has developed as a distinct and important area of intellectual property law. This book, while providing a solid foundation of the law regarding the protection and enforcement of design rights, focuses on the ever-present, and always contentious, issue of functionality in the context of design rights. While there is considerable harmonization on the fundamental principle that design rights regard aesthetic appearance and not underlying technical function, courts and legislatures the world over have long struggled with determining whether to permit, and how to interpret the scope of, design rights directed at products whose appearance may, partially or completely, be the result of functional consideration. This detailed country-by-country analysis provides clarity, insight, and guidance on the legal issues and practical implications of functionality in twenty-seven key jurisdictions worldwide. This book was developed within the framework of the International Association for the Protection of Intellectual Property (AIPPI), a non-affiliated, non-profit organization dedicated to improving and promoting the protection of intellectual property at both national and international levels. What's in this book: The authors of the country chapters have been carefully selected based on their extensive experience and in-depth knowledge about design protection in their respective jurisdictions. Each chapter considers such issues and topics as the following: availability of protection - granting authority, statutory requirements, drawing requirements, and disclaimers; tests or approaches applied to determine whether a design right is ineligible for protection based on functionality grounds, including related policy considerations; strategies employed to mount, and fend off, challenges to design rights based on functionality; determination of a design right's scope of protection, including the impact of any visual elements of the overall design having appearances that are non-novel and/or functional; tests or approaches applied to determine whether a visual element of a design right is excluded from the overall scope of protection based on functionality grounds, including related policy considerations; and examples of how visual elements of a design right whose appearance is driven by the function are treated in infringement and validity contexts. Each chapter includes case law examples, hypothetical fact patterns, and graphic images of designs to bring issues to life. An introductory chapter covers the basic tenets of design rights, terminology, and discussion of design rights in relation to other areas of intellectual property. How this will help you: As a comparative law study and a collection of contributions from around the world on an important and controversial field, this book proves to be of tremendous practical interest for the industry involved, as well as for the public. Applicants for design protection, parties involved in or contemplating enforcement proceedings, and interested legal practitioners will benefit greatly from its thorough comparative analysis and guidance. It is also exceptionally valuable as a comprehensive resource for academics and researchers interested in the international harmonization of intellectual property law.



Mediation

Mediation Author Theophile Margellos
ISBN-10 9041167366
Release 2018-03-26
Pages 288
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About this book: Mediation: Creating Value in International Intellectual Property Disputes offers readers key information, incentives and tips to make an informed decision on the use of mediation in the IP area. Mediation is a risk management tool that can significantly mitigate inherent litigation risks, leaving companies free to concentrate on the core business of developing markets for their products and services. If and when disputes arise, mediation provides the means to handle them confidentially and thus keeps them out of the public domain. This book is the first work of its type devoted to the practical A to Z of IP mediation. Disputes about IP rights are frequently multinational, with allegations of infringement and arguments about validity and ownership spanning numerous jurisdictions. As an alternative to expensive, risk-prone and time-consuming litigation, out-of-court settlements conducted through mediation are becoming more common, with the added advantage that they are not tied to the geographical scope of the IP rights at stake. What's in this book: With numerous case study examples demonstrating the kind of challenges that arise, and how they can be met, a team of internationally recognized mediators and IP experts offers an in-depth discussion of how mediation mitigates difficulties in such IP areas as the following: disputes on trademarks, designs, patents, copyrights and other IP rights; allegations of breach of contract; licences and transfers; and R&D cooperation agreements. The authors provide analysis and recommendations about drafting settlement agreements, including standard clauses and enforcement, as well as an overview of the main mediation services used to settle IP disputes. This book also includes a discussion on the roles of the mediator, the parties and the lawyers, and how they can properly prepare themselves to maximize the benefits of mediation. How this will help you: This book shows how mediation offers a dispute resolution process at a human level, where parties can not only discuss and resolve their differences but also create added value to the existing IP rights and the business surrounding them. Its practical approach will be warmly welcomed by lawyers, both in-house and outside counsels, IP professionals in general and rights holders and licensees, introducing them to the new possibilities that mediation offers and how they can best avail themselves of those opportunities.



IP and Other Things

IP and Other Things Author Robin Jacob
ISBN-10 9781782254973
Release 2015-10-29
Pages 324
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The Rt Hon Professor Sir Robin Jacob has been variously a leading member of the Intellectual Property Bar, a High Court judge and, as Lord Justice Jacob, a judge in the Court of Appeal of England and Wales. His primary area of expertise is intellectual property (IP) rights. He chose to leave the Court of Appeal in March 2011 to take up his current position as the Sir Hugh Laddie Chair in intellectual property at University College London. Besides teaching and writing he still sits occasionally in the Court of Appeal, sits as an arbitrator, provides expert evidence, chairs the Advisory Committee on the Appointment and Training of the Judges of the Unified Patent Court and often advises the UK Government and EU Commission on IP matters. These essays and speeches, selected from his published and unpublished writings and lectures, illustrate the breadth of his learning in IP and other matters. They are written in typically straightforward and entertaining style and, in the case of the older essays, include a commentary of what has happened since they were first published. They will be of interest to any lawyer, law student or scholar interested in the development of IP law in the past quarter century or so.



A Dictionary of Intellectual Property Law

A Dictionary of Intellectual Property Law Author Peter Groves
ISBN-10 9781849807784
Release 2011-01-01
Pages 352
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'An entertaining legal dictionary with a difference.' – BabyBarista website 'Intellectual property has a vast, perplexing and diverse vocabulary, and this enriching Dictionary provides a starting point for understanding new concepts and crafting precise definitions to meet the needs of a particular case. . . well worth a read.' – IPKat 'Dr Groves set himself the monumental task of assembling a work that would be both a dictionary of the most important terms in intellectual property law and a ready resource for IP students and practitioners worldwide. He has succeeded admirably: his book not only covers the field but also glitters with unexpected delights (the entry on "goodwill" is a must-read). This compendium is essential for the desktop (or laptop) of anyone whose work involves intellectual property.' – Robert C. Cumbow, Graham & Dunn PC, US 'Confused between community patent review and community patents? Lost in a thicket of dockets, rocket or otherwise? Let Peter Groves' Dictionary of Intellectual Property Law be your guide. Filling almost 500 often lighthearted, occasionally acerbic, but invariably fact-packed pages, the book takes you from the ActionAid Chip and the Air Pirates case through BIRPI, Cognating, Dockets, Evergreening; Jepson, Pedrick's cat and Simkins; PHOSITA, Trundlehumpers, the verb "to Uncopyright" and X-Patents, all the way to Zwart maken. Essential reading.' – David Musker, Partner, RGC Jenkins & Co. 'Do not be put off by the word "dictionary". This is a fascinating, witty and erudite little volume, packed with interesting and useful information on the whole gamut of intellectual property. It leaves one (this one anyway) hungering for more and wanting to delve more deeply into fields that have nothing to do with earning one's daily bread.' – Tony McStea, Senior Patent Attorney, Global Patents, Givaudan Schweiz AG 'This work is splendid. As an intellectual property litigator I ask, "why did no-one do it before"? Was it for lack of the creative idea, or did no-one have the diligence and erudition of Peter Groves to perfect it? and now that it has been done, we will wonder how we managed without it.' – Jonathan Turner, Barrister Intellectual property has a vast, perplexing and diverse vocabulary, and this enriching Dictionary provides a starting point for understanding new concepts and crafting precise definitions to meet the needs of a particular case. Not only are new words and phrases being coined as technology changes and the law follows, but also the international scope of intellectual property means that IP lawyers will encounter foreign words and phrases. With over 1000 expressions defined clearly and entertainingly, this book should be the first reference point to understanding intellectual property terminology. It will be particularly helpful to practitioners when they encounter expressions they have not seen before which they need to understand the true meaning and definition of. Students finding unfamiliar terminology and concepts will also appreciate the instant explanation available from this essential resource.



Biotechnological Inventions

Biotechnological Inventions Author Oliver Mills
ISBN-10 9781317174165
Release 2016-04-15
Pages 246
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Advances in modern biotechnology have produced profound and far-reaching implications for the relationship between humans, animals and the environment. As a result, a debate has arisen surrounding the legal, moral and social problems connected with this technology, a central part of the debate focusing on the role of moral considerations in the patent system as a form of regulation. This fully revised and updated book examines this role and asks why in the context of biotechnological inventions, morality has become an important issue. It takes account of recent developments, including reference to the situation in Australia. By examining such specific recent cases, the author elucidates the moral concerns associated with modern biotechnology, thus providing an important contribution to the debate and a valuable resource for all those working in this exciting field.



EU Intellectual Property Law and Policy

EU Intellectual Property Law and Policy Author The late Catherine Seville
ISBN-10 9781781003480
Release 2016-09-28
Pages 584
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This fully updated book offers a compact and accessible account of EU intellectual property (IP) law and policy. The digital age brings many opportunities, but also presents continuing challenges to IP law as the EU’s programme of harmonisation unfolds. As well as addressing the main IP rights (copyright, patents, designs, trade marks and related rights), the book also considers IP’s relationship with the EU’s rules on free movement of goods and competition, as well as examining the enforcement of IP rights. Taking account of numerous changes, this timely second edition covers the substantive provisions and procedures which apply throughout the EU, making extensive reference to the case law. The author considers how the exploitation of IP is increasingly global; harmonisation, in contrast, is only partial, even at the EU level. In response, the book sets EU IP law in its wider international context. It also seeks to highlight policy issues and arguments of relevance to the EU, in its relations both within the Union and with the rest of the world. Designed as a compact and approachable account of these difficult and technical areas, and with advice on further reading and research, this unique book is useful both as a work of reference and for more general study. It is essential reading for postgraduate students, academic researchers and legal practitioners alike.



Intellectual Property Rights and Climate Change

Intellectual Property Rights and Climate Change Author Wei Zhuang
ISBN-10 9781108211147
Release 2017-06-01
Pages
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As the world confronts global warming, there is a growing consensus that the TRIPS Agreement could be a more effective instrument for mitigating climate change. In this innovative work, Wei Zhuang systematically examines the contextual elements that can be used in the interpretation of the TRIPS Agreement with a view to enhancing innovation and transfer of environmentally sound technologies. Zhuang proposes a balanced and pro-competitive interpretation that could be pursued by policy makers and negotiators. This comprehensive, multidisciplinary study will help academics and policymakers improve their understanding of the contemporary international legal regimes governing intellectual property rights and innovation and transfer of environmentally sound technologies. It also offers practical guidance for further developing a legal system capable of responding to the challenges posed by climate change.



Copyright and Information Privacy

Copyright and Information Privacy Author Federica Giovanella
ISBN-10 9781785369360
Release 2017-12-29
Pages 360
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Federica Giovanella examines the on-going conflict between copyright and informational privacy rights within the judicial system in this timely and intriguing book.



Patents and Technological Progress in a Globalized World

Patents and Technological Progress in a Globalized World Author Wolrad Prinz zu Waldeck und Pyrmont
ISBN-10 9783540887430
Release 2008-11-20
Pages 910
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In the last two decades, accelerating technological progress, increasing economic globalization and the proliferation of international agreements have created new challenges for intellectual property law. In this collection of articles in honor of Professor Joseph Straus, more than 60 scholars and practitioners from the Americas, Asia and Europe provide legal, economic and policy perspectives on these challenges, with a particular focus on the challenges facing the modern patent system. Among the many topics addressed are the rapid development of specific technical fields such as biotechnology, the relationship of exclusive rights and competition, and the application of territorially limited IP laws in cross-border scenarios.



European Intellectual Property Law

European Intellectual Property Law Author Justine Pila
ISBN-10 9780198729914
Release 2016-01
Pages 744
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European Intellectual Property Law offers a full account of the main areas of substantive European IP law and a discussion of their wider context and effect. The amount and reach of European law, and decision-making in the field of intellectual property has grown exponentially since the 1960's, making it increasingly difficult to treat European law as an adjunct to domestic intellectual property regimes. European Intellectual Property Law responds to this reality by presenting a clear and detailed account of each of the main areas of substantive EU intellectual property law, situated in the context of both the EU legal system and international IP law, including EU constitutional law, the law of the European Patent Convention 1973/2000, and private international law. It draws selectively on examples from domestic IP regimes to illustrate substantive differences between those regimes and to demonstrate the impact of European law, and decision-making on EU Member States. This unique, thoroughly modern approach goes beyond a discussion of the provisions of European legal instruments to consider their wider context and effect. European Intellectual Property Law is the ideal guide for any student wishing to gain a full and critical understanding of the substantive European law of intellectual property.