scholarly journals New Changes, New Possibilities: China’s Latest Patent Law Amendments

2021 ◽  
Author(s):  
Ronald Yu ◽  
Kenneth Yip
Keyword(s):  
Public Services ◽  
New Technology ◽  
Patent Law ◽  
Patent System ◽  
Pharmaceutical Companies

Abstract New amendments to China’s Patent Law feature open licensing which should encourage the use of patents, and promote the more rapid broadcast and dissemination of new technology. They should also offer the possibility of greater transactional visibility, transparency and traceability which has important ramifications for IP valuation and reporting in IPOs, annual and other reports. Other provisions underscore China’s efforts to improve its patent system by introducing new protections for patent holders, mechanisms to reduce abuse, provisions to strengthen patent-related public services and promote the use of patents. There are also a number of changes that should interest pharmaceutical companies, patent litigants, patent holders and app developers.

Is 'evergreening' a cause for concern? A legal perspective

1969 ◽  
Vol 13 (4) ◽  
Author(s):  
Scott Parker ◽  
Kevin Mooney
Keyword(s):  
Patent Protection ◽  
Cost Effective ◽  
Pharmaceutical Products ◽  
Patent Law ◽  
Patent System ◽  
Pharmaceutical Companies ◽  
Generic Competition ◽  
Legal Perspective ◽  
The Uk ◽  
Weak Patents

A number of fundamental principles (and misconceptions) of patent law and of the system for granting and enforcing patents lie at the heart of the so-called 'evergreening' debate on patent protection for pharmaceutical products. The purpose of this paper is to consider 'evergreening' from a legal perspective and to evaluate the extent to which the patent system operates to safeguard against the claimed abuses. In the authors' view the allegation that pharmaceutical companies have been able to delay substantially the entry of generic competition by 'evergreening' many of their patents simply does not reflect the reality and mischaracterises how the patent system operates in the context of technological innovation. A patent over an improvement does not restrict a generic company from launching a competitor of the originator product and, in the UK at least, the procedure and attitude of the court is conducive to the speedy and cost-effective challenge of 'weak' patents.

Oligopolist Speech and the Public Interest in Pharmaceutical Patent Law Reform

2018 ◽  
Vol 33 (01) ◽  
pp. 1-20
Author(s):  
Chris Dent ◽  
Yvonne Haigh
Keyword(s):  
Public Interest ◽  
Patent Law ◽  
Patent System ◽  
Law Reform ◽  
Pharmaceutical Companies ◽  
Pharmaceutical Patents ◽  
The Public ◽  
Pharmaceutical Patent ◽  
Reform Processes

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.

International Seminar – Contributions to the Development Agenda on Intellectual Property Rights

2008 ◽  
Vol 10 (2) ◽  
Author(s):  
Ana Celia Castro ◽  
Maria Beatriz Amorim Bohrer
Keyword(s):  
Developing Countries ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Patent Law ◽  
Patent System ◽  
International Seminar ◽  
Development Agenda

TRIPS as it stands is against the interests of developing countries, and needsreform. In developing their own patent law, developing countries need to recognizethat there is now near consensus among informed observers that patentlaw and practice have, in some cases, overshot, and need to be reformed. Thatis the burden of the recent NAS/NRC report on “A Patent System for the 21stCentury.

scholarly journals INDONESIAN PATENT SYSTEM: AN OVERVIEW

2018 ◽  
Vol 2 (2) ◽  
pp. 26-30
Author(s):  
Prabodh M. ◽  
Chaitanya Prasad K. ◽  
Ashish S. ◽  
Suthakaran R. ◽  
Abhijit K.
Keyword(s):  
Intellectual Property ◽  
Patent Law ◽  
Intellectual Property Protection ◽  
Patent System ◽  
Grace Period

Intellectual property protection is a one type of protection to the innovator from their creative efforts. On November 1, 1991, the Indonesian Parliament passed Law No. 6/1989 on Patents. The new law came into effect on August 1, 1991. The patenting system in Indonesia is discussed using some recent statistics and their fees, patent exclusivity, litigation, grace period. As of 1989, there have been over 13,000 applications for temporary patent registration, 96% of which were of foreign origins. None of the applications were denied, were ever granted because no patent Law existed. In this paper discussed brief introduction about Indonesia patent system.

The impact of research and development and marketing costs on the profitability of pharmaceutical companies of Tehran Stock Exchange using panel data 2001-2013

2016 ◽  
Vol 10 (4) ◽  
pp. 467-476 ◽  
Author(s):  
Yahya Bayazidi ◽  
Enayatollah Homaie Rad ◽  
Mehdi Mojahedian ◽  
Mehdi Toroski ◽  
Azita Nabizadeh ◽  
...  
Keyword(s):  
Panel Data ◽  
Research And Development ◽  
Stock Exchange ◽  
Random Effect ◽  
Patent Law ◽  
Pharmaceutical Companies ◽  
Content Type ◽  
Marketing Costs ◽  
The Impact ◽  
D Investment

Purpose The main aim of this study is to investigate the effects of marketing and costs and research and development (R&D) investments on profitability of pharmaceutical companies of Iran. Design/methodology/approach In this study, pharmaceutical companies that have been accepted in Tehran Stock Exchange until March 19, 2013 were investigated. Random-effect panel data estimator was used for this purpose. Findings The findings indicate that variables such as company size, capital-to-total asset ratio and debt-to-asset ratio have an effect on profitability. But, company life, advertising cost and R&D investment are ineffective on profitability. Originality/value Legal issues like not having patent law and pricing mechanism are reasons for the ineffective relationship between R&D and marketing costs and its effect on profitability of the Iran pharmaceutical industry.

The impact of big data on innovation and value generation in pharmaceutical sales and marketing

2021 ◽  
Vol 3 (2) ◽  
pp. 37-52
Author(s):  
Antonio Pesqueira
Keyword(s):  
Big Data ◽  
New Technology ◽  
Unmet Need ◽  
Pharmaceutical Companies ◽  
Future Trends ◽  
Pharmaceutical Sales ◽  
Sales And Marketing ◽  
Investment Opportunities ◽  
Application Fields ◽  
The Impact

Using Big Data in the pharmaceutical industry is a relatively new technology, and the benefits and applications are yet to be understood. There are some cases currently being piloted, but others have already been adopted by some pharmaceutical organizations, proving the unmet need in a field that is still in its infancy. This paper aims to understand how and if Big Data can contribute to commercial innovation, as well as future trends, investment opportunities. Participants from 26 pharmaceutical companies participated in different focus groups where topics were grouped by individuals and evaluation areas were discussed to discover any potential connections between Big Data and Innovation in commercial pharmaceutical environments. This study used the collected data to analyze and draw conclusions about how many life sciences leaders and professionals already know about Big Data and are identifying examples and processes where Big data is supporting and generating innovation. In addition, we were able to understand that the industry is already comfortable with Big Data, and there were some very accurate research results regarding the most pertinent application fields and key considerations moving forward. Using the network analysis findings and the relationships and connections explained by respondents, we can reveal how Big Data and innovation are interconnected.

12 The Intellectual Property–Competition Interface

2020 ◽  
Author(s):  
Cheng Thomas K
Keyword(s):  
Developing Countries ◽  
Intellectual Property ◽  
Competition Law ◽  
Process Innovation ◽  
Patent Law ◽  
Patent System ◽  
Competition Rules ◽  
The Subject ◽  
The One ◽  
Competition Interface

This chapter focuses on the interface between intellectual property and competition laws. The interface is the most complex between competition law on the one hand and patent law on the other hand. Developing countries only engage in what can be called laggard innovation, which includes acquisition of tacit knowledge, imitation, and process innovation. This may call for a reconsideration of the appropriate approach to the patent–competition interface in developing countries because laggard innovations, with the exception of process innovation, are not the subject of protection of the patent system. If laggard innovations are not the subject matter of protection of the patent system, the patent-competition rules should have little relevance for the quest for innovations in developing countries. In fact, one can argue that the patent system is an impediment to one of the main sources of laggard innovation, imitation, and that the patent-competition rules should be adjusted in a way to facilitate it if one were serious about adopting a pro-growth approach to competition law enforcement in developing countries. This implies that for developing countries that do not produce patentable innovations, there is no need to balance between patent and competition policies. There is in fact no conflict between these two policy objectives. Intellectual property rights and Market-sharing and customer allocation Enforcement and procedure

PARLIAMENTARY REWARDS AND THE EVOLUTION OF THE PATENT SYSTEM

2015 ◽  
Vol 74 (3) ◽  
pp. 423-449 ◽  
Author(s):  
Robert Burrell ◽  
Catherine Kelly
Keyword(s):  
Reward System ◽  
Patent Law ◽  
The State ◽  
Patent System ◽  
Public Disclosure ◽  
Minimum Requirement ◽  
The Core ◽  
The Impact ◽  
Special Provision

AbstractThis article examines the impact on the patent system of rewards for innovation across the eighteenth and early nineteenth centuries. During this period, Parliament would regularly grant rewards to inventors, with many of these rewards being set out in legislation. This legislation provided Parliament with the opportunity to promote a model of state support for inventors: a model that made public disclosure of the invention a precondition for assistance. This had important implications for patent law, in particular, in helping to develop the role of the patent specification and the doctrine of sufficiency of disclosure. In this way, the reward system helped establish the framework under which the state would provide support for inventors. Simultaneously, however, the reward system created a space in which inventors would have to do more than meet the minimum requirement of public disclosure. Rewards allowed the state to distinguish between different classes of inventor and to make special provision for particularly worthy individuals. In this way, the reward system recognised the contribution of the “heroic inventor”, whilst leaving the core of the patent system undisturbed.

Analyzing the Broadening Scope of Patentability in the Advancing Field of Biotechnology

2012 ◽  
Vol 18 (4) ◽  
Author(s):  
Jessica Downing
Keyword(s):  
Stem Cells ◽  
Embryonic Stem Cells ◽  
Growth And Development ◽  
Patent Protection ◽  
Embryonic Stem ◽  
Biotechnology Industry ◽  
Patent Law ◽  
Patent System ◽  
Legislative History ◽  
Public Debates

The current U.S. patent system is considered to provide the broadest patent protection of all patent systems in existence, especially with respect to the biotechnology industry. Advances in science and technology have been key contributors to the growth and development of legislation controlling patent law. With these advancements have come vivid public debates on the morality of research with embryonic stem cells and the fusion of human and animal DNA to find cures for disease. Despite the rapid developments, the legislation controlling such research has been slow to progress. This paper will explore the legislative history surrounding biotechnology patents, focusing on the specific need for strong, adequate protection to promote the survival of the biotechnology industry.

Global patent system rethink is required ahead

2015 ◽  
Keyword(s):  
Patent Protection ◽  
Low Cost ◽  
New Technology ◽  
Consumer Welfare ◽  
Patent System ◽  
Content Type ◽  
Patent Pools ◽  
Technology Firms ◽  
Diffusion Of Knowledge ◽  
The Us

Subject Outlook for the global patent system. Significance Innovation and the diffusion of new technology contribute to GDP growth and consumer welfare. Intellectual property rights such as patents are designed to promote innovation by rewarding inventors with a right of exclusion that prevents others from making, selling or using their invention for a fixed period of time, unless they pay a licence fee. Patent registration is increasing rapidly both within advanced and emerging countries, as the latter learn about its value. However, there is a conflict between rewarding innovators with monopoly rights and promoting the diffusion of knowledge at low cost. As more products and techniques are protected by patents, there is concern that the system is inhibiting rather than promoting growth. Impacts The US patent system supports innovation, while the EU system is less clearly defined with unitary patent protection. Licensing will need to be easily obtained at reasonable prices with terms conducive to both technological and business model exploration. Governments and supranational authorities will need to ensure that patent pools can operate within sympathetic but fair antitrust regimes. Regulatory authorities will need to ensure that patent pools cannot become tools for collusive activity by leading technology firms. Firms will need to monitor constantly legislation and judgments relating to their industry in countries in which they operate.

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