scholarly journals The Path to Innovation: An Amalgamation of Patent Law and the Dynamic Competition Regime

1970 ◽  
Vol 4 (2) ◽  
pp. 89-108
Author(s):  
Krishna Ketana ◽  
Philip Sosha Sushma
Keyword(s):  
Intellectual Property ◽  
Patent Protection ◽  
Competition Law ◽  
Patent Law ◽  
Policy Framework ◽  
Conventional View ◽  
New Concepts ◽  
Competition Laws ◽  
And Control ◽  
The Relationship

The purpose of this paper is to identify a method to create a balance between competition laws and the patent protection regime so as to promote innovation. The relationship between competition law and the law relating to intellectual property has long been recognized to be a turbulent one. The traditional perspective adopted towards the relationship between the subjects is that one is opposed to the other; where intellectual property laws encourage and protect monopoly, competition laws seek to curb and control it. This research focuses on the possibility of change from the conventional view relating to competition law and intellectual property law by making the approach to these two subjects more innovation centric. The paper examines these apparently paradoxical disciplines from the perspective of innovation and finds that both intellectual property laws and competition laws have a common objective, which is to increase innovation. This paper undertakes conceptual research in order to develop new concepts and to re-interpret the existing ones. It analyses various economic theories of development and the existing conceptual framework pertaining to competition and patent laws. Finally, the paper suggests amendments in the existing law and proposes a new legal and policy framework that reconciles both the fields so as to promote effective innovation crucial for economic development and trade in India.

The Indian Competition Act: A Historical and Developmental Perspective

2010 ◽  
Vol 3 (2) ◽  
Author(s):  
Shiju Varghese Mazhuvanchery
Keyword(s):  
Developing Countries ◽  
Competition Law ◽  
Developmental Perspective ◽  
Law And Development ◽  
Contentious Issue ◽  
Indian Act ◽  
Competition Laws ◽  
The Relationship ◽  
The Way

The relationship between competition law and development continues to be a subject that excites many. The appropriate design of a competition law with developmental dimensions is a contentious issue. With the enactment of the Competition Act 2002, India joined the hundred odd developing countries that have adopted new competition laws over the last two decades. After a hiatus of seven years, substantive provisions of the Act have been notified recently. The Indian Act presents a perfect case study for the developmental dimensions of competition law. This paper explores the events that led to the enactment of the new law in India and analyses its provisions from a developmental perspective. The paper concludes that many of the provisions in the law may come in the way of the realization of developmental goals.

15. Enforcement of EU competition law

2019 ◽  
pp. 686-698
Author(s):  
Elspeth Berry ◽  
Matthew J. Homewood ◽  
Barbara Bogusz
Keyword(s):  
Burden Of Proof ◽  
Competition Law ◽  
National Courts ◽  
Eu Competition Law ◽  
Wide Range ◽  
National Competition ◽  
Competition Laws ◽  
Complete Series ◽  
Explanatory Text ◽  
The Relationship

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the enforcement of EU competition law. It covers the enforcement regime; burden of proof; the relationship between Articles 101 and 102 TFEU, and national competition laws; cooperation with national authorities; cooperation with national courts; the powers of the competition authorities of the Member States; the European Commission’s powers; safeguards for undertakings; the 2006 Leniency Notice; and private enforcement.

18. Control of information, reputation, and intellectual property

2019 ◽  
pp. 726-750
Author(s):  
Abbe Brown ◽  
Smita Kheria ◽  
Jane Cornwell ◽  
Marta Iljadica
Keyword(s):  
Human Rights ◽  
Intellectual Property ◽  
Data Protection ◽  
Private Information ◽  
Freedom Of Expression ◽  
Personal Privacy ◽  
Trade Marks ◽  
Passing Off ◽  
And Control ◽  
The Relationship

This chapter considers the extent to which individuals can and should be able to prevent others referring to them and their activities and, conversely, the extent to which individuals and companies should be able to commercialise and control a reputation that they have built up. The discussions cover the evolving right to personal privacy (through the tort of misuse of private information) and its base in human rights, particularly in respect of photographs; obtaining and dealing with trade marks in respect of well-known personalities; the relationship between passing off and endorsement and merchandising; and the extent to which individuals and businesses can and do control the use of their image through endorsement and sponsorship. The chapter also considers data protection, as well as the balancing of privacy and freedom of expression.

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

Competition Law in Developing Countries

2020 ◽  
Author(s):  
Cheng Thomas K
Keyword(s):  
Developing Countries ◽  
Economic Development ◽  
Law Enforcement ◽  
Developing Country ◽  
Competition Law ◽  
Competition Law Enforcement ◽  
Competition Laws ◽  
The Relationship

This book explores the relationship between competition law and economic development, which takes on growing importance as more and more developing countries have adopted competition law in recent years. The work tackles two principal questions. The first is whether competition law enforcement promotes growth, which helps to determine how seriously developing countries should enforce their competition laws. The second is how developing countries should craft their competition law rules in light of the need to incorporate development concerns, the need to reflect the special economic characteristics of developing countries, and the need to improve the administrability of competition law rules to suit the enforcement capacity of developing country authorities.

Access to Medicines in the Light of Patent Law Regime in India

2020 ◽  
pp. 28-56
Author(s):  
Akanksha Jumde ◽  
Nishant Kumar
Keyword(s):  
Intellectual Property ◽  
Generic Drug ◽  
Patent Protection ◽  
Developed Countries ◽  
Access To Medicines ◽  
Patent Law ◽  
Healthcare Needs ◽  
The Poor ◽  
Legislative Reforms ◽  
The Developed Countries

This chapter aims to trace the development of patent law regime in India and analyze its evolution in response to globally-influential intellectual property framework, such as TRIPS and pressure from the developed countries US and Europe to open up her markets to permit cash-rich pharmaceutical companies to sell their drugs and receive patent protection in India. An observation of the legislative actions and judicial responses reveal that both the parliament and the supreme echelons of the judiciary have been tediously careful in protecting the healthcare needs of the poor by promoting the generic drug industry through a guarded interpretation of Section 3(d) of Patents Act, 1970. The objective of the chapter is to critically analyze the legislative reforms and judicial interpretations of patent law in light of the socio-economic needs of the country.

Biotechnological Patents and Morality

2011 ◽  
pp. 141-151
Author(s):  
Jakkrit Kuanpoth
Keyword(s):  
Developing Countries ◽  
Intellectual Property ◽  
World Trade Organization ◽  
Intellectual Property Rights ◽  
World Trade ◽  
Patent Protection ◽  
Patent Law ◽  
Legal Analysis ◽  
The World ◽  
Micro Organisms

The chapter deals with ethical aspects of patent law and how the global patent regime helps or hinders the development of a developing country such as Thailand. More specifically, it discusses Article 27.3 of the World Trade Organization (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which states that countries may exclude methods of medical treatment, plants and animals (but not micro-organisms) from patent protection. It also provides legal analysis on the issue of whether developing countries can maximize benefits from the TRIPS morality exception (Article 27.2) in dealing with biotechnological patenting.

AGREEMENTS ON THE DISPOSAL OF PROPERTY RIGHTS TO THE OBJECTS OF PATENT LAW AND «KNOW-HOW»: NEWS OF LEGISLATION

2018 ◽  
Author(s):  
Juliia Kanaryk ◽  
◽  
Vladyslav Nosinskyi ◽  
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Patent Protection ◽  
Patent Law ◽  
Compulsory Licensing ◽  
Real Cost ◽  
Know How ◽  
Cost Of Drugs ◽  
The Right

The article is devoted to the review of novelties of the legislation in the part of disposition of property rights to objects of patent law and know-how. Based on the analysis of the existing legislation, it is established that there is an exclusive list of the following agreements: license to use the object of intellectual property rights; license agreement; agreement on the creation by order and use of the object of intellectual property rights; agreement on the transfer of exclusive intellectual property rights; another agreement on the disposal of intellectual property rights. It is noted that the agreement on the transfer (use) of «know-how» differs from that for the patent. The basis for granting the right to use «know-how» is not an exclusive right, but a de facto monopoly on the object of the agreement. «Know-how» in contrast to the patented invention can not be used without receiving it from the owner. The consequence of this is the need not only to grant the right of use under the contract, but also the transfer of the «knowhow» in full. It is noted that the legislator has significantly simplified the contractual procedures for granting the right to dispose of property rights for pharmaceutical companies due to the need to combat the pandemic. Lists of substances and medical procedures, medical equipment that cannot be the subject of patent protection have been established. It is emphasized that the legislator does not take into account the current level of digitalization, where the right to own or use intellectual property is certified by numerous electronic methods. For example, by confirming electronic licenses, user terms, affiliate programs with a number of intermediaries. Accordingly, it is necessary to expand the list of possible reliable ways of certifying contracts, which could be considered written or be equated to such a way. The bill №5552, which proposes amendments to the law «On Copyright and Related Rights», in terms of combating «patent trolling» was analyzed. The authors of the bill propose a number of administrative procedures that will help to respond quickly to such unfair actions of competitors. At the same time, it is noted that with the expansion of the contractual procedure, some of these cases could be avoided. It is proposed, as part of the fight against the COVID-19 pandemic, to introduce compulsory licensing, in order to reduce the real cost of drugs against the virus, as well as the logistics of specialized hospitals.

Patent Protection for Biotechnology in China: the Current Legislation and the Proposed Third Amendment

2008 ◽  
Vol 5 (1) ◽  
Author(s):  
Ying Zhan
Keyword(s):  
Intellectual Property ◽  
Patent Protection ◽  
Final Section ◽  
Patent Law ◽  
Property Right ◽  
Intellectual Property Right ◽  
Patent Policy ◽  
The Third ◽  
Related Information

AbstractThis article addresses the Chinese legislation on patent protection for biotechnology. Section I presents a brief overview of China's intellectual property right protection regime for biotechnology; Section II describes the China's current patent legislation on biotechnology. Since April 2005, China has lunched the third amendment to its Patent Law. The related information of the third amendment to Chinese biotechnology patent policy is provided in the final section.

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