Seeking International Coordination: The Norwegian Patent Law of 1885

2019 ◽  
Vol 60 (1) ◽  
pp. 157-179
Author(s):  
Bjørn L. Basberg
Keyword(s):  
Patent Law ◽  
Patent Laws ◽  
International Coordination ◽  
National Patent

Abstract During the 1870s and 80s many countries revised their national patent laws. This was also a period when international co-operation was intensified to reach an agreement on patent legislation. It culminated in the Paris Patent Convention of 1880, leading to an increased harmonization of the various national patent laws. In Norway the revision of the patent law was set in motion in the 1870s, culminating in a new law in 1885. The paper analyses this process, and in particular how it related to legislative work that went on abroad.

scholarly journals Traditional Knowledge and Patent Protection: Conflicting Views On International Patent Standards

2017 ◽  
Vol 13 (4) ◽  
pp. 93 ◽  
Author(s):  
Adam Andrzejewski
Keyword(s):  
Traditional Knowledge ◽  
Patent Protection ◽  
Plant Genetic Resources ◽  
Patent Law ◽  
International Standards ◽  
International Patent ◽  
Patent Laws ◽  
Protection Systems ◽  
National Patent ◽  
And Control

As diseases continue to spread around the globe, pharmaceutical and biotech companies continue to search for new and better drugs to treat them. Most of these companies have realised that useful compounds for these purposes may be found in the natural resources that indigenous and local communities use. And yet, even though the importance of these biological resources to global health and economic livelihood is well recognised, the legal ownership and control of this traditional knowledge is still very controversial. This article undertakes a comparative analysis of American and European, as well as international legal regulations on patent law and traditional knowledge. Key questions include: What is traditional knowledge? How have the national patent laws of these countries treated the protection of plant variety and plant genetic resources? What are the existing international standards for patents, and what implications do they have for protecting traditional knowledge? And finally, what protection systems are emerging for the future?

The Influence of TRIPS Compliant Patent Laws on Indian Pharmaceutical Industry

2014 ◽  
Vol 4 (1) ◽  
Author(s):  
Rupesh Rastogi ◽  
Virendra Kumar
Keyword(s):  
Pharmaceutical Industry ◽  
Patent Protection ◽  
Uruguay Round ◽  
Pharmaceutical Products ◽  
Trips Agreement ◽  
Patent Law ◽  
Patent Laws ◽  
The Impact ◽  
First Time ◽  
Indian Pharmaceutical Industry

The first legislation in India relating to patents was the Act VI of 1856. The Indian Patents and Design Act, 1911 (Act II of 1911) replaced all the previous Acts. The Act brought patent administration under the management of Controller of Patents for the first time. After Independence, it was felt that the Indian Patents & Designs Act, 1911 was not fulfilling its objective. Various comities were constituted to recommend, framing a patent law which can fulfill the requirement of Indian Industry and people. The Indian Patent Act of 1970 was enacted to achieve the above objectives. The major provisions of the act, provided for process, not the product patents in food, medicines, chemicals with a term of 14 years and 5-7 for chemicals and drugs. The Act enabled Indian citizens to access cheapest medicines in the world and paved a way for exponential growth of Indian Pharmaceutical Industry. TRIPS agreement, which is one of the important results of the Uruguay Round, mandated strong patent protection, especially for pharmaceutical products, thereby allowing the patenting of NCEs, compounds and processes. India is thereby required to meet the minimum standards under the TRIPS Agreement in relation to patents and the pharmaceutical industry. India’s patent legislation must now include provisions for availability of patents for both pharmaceutical products and processes inventions. The present paper examines the impact of change in Indian Patent law on Pharmaceutical Industry.

Towards a Pro-active Approach Concerning the Intersections between the Jordan Patents of Invention Law, United States Patent Law and European Patent Convention

2011 ◽  
Vol 25 (1) ◽  
pp. 71-87
Author(s):  
Zein J. Razem ◽  
Qais Ali Mahafzah
Keyword(s):  
United States ◽  
The United States ◽  
Patent Law ◽  
European Patent ◽  
United States Patent ◽  
European Patent Convention ◽  
Active Approach ◽  
Patent Laws ◽  
The World ◽  
States Patent

AbstractAttempts to harmonize patent laws worldwide have increased, leaving bits of argumentative issues untouched in the patent systems under scrutiny. However, diversity can sometimes prove desirable since majority rule is not always right and the minority wrong. Sometimes a part is more righteous than the whole. This research focuses on areas where the Jordan Patents of Invention Law, United States Patent Law, and the European Patent Convention intersect. It concludes that although most countries, including Jordan, follow a different path than that taken by the United States, it may be unnecessary for the United States to change its system in order to be in sync with the rest of the world. Thus, it may prove advantageous to have two separate systems that can provide different patent protections where humanity achieves progression and development.

scholarly journals The Right of the Employee to an Invention Created in the Process of Labor Relations. (In Accordance With the Georgian - German Patent Legislation)

2021 ◽  
pp. 152-167
Author(s):  
Miranda Gurgenidze ◽  
◽  
Tamaz Urtmelidze ◽  
Keyword(s):  
Intellectual Property ◽  
Main Part ◽  
Legal Status ◽  
Patent Law ◽  
The Other ◽  
Scientific Article ◽  
German Patent ◽  
National Patent ◽  
The One ◽  
The Right

Creative activity, which ends with the creation of intellectual property objects, are mostly carried out by individuals employed in various private sectors or scientists working in higher education/research institutions. Therefore, the question who is the owner of the intellectual property object (invention), employee/inventor, whose direct participation with and usage of intellectual labor, the object was created by, or the employer, whose material technical base, experience and the other resources were used to create the invention, does not lose relevance. Georgia belongs to the continental, i.e. Romano-Germanic legal system. Modern Georgian intellectual property law has undergone a very interesting path of development since the restoration of independence. It should be noted that Georgia is the first country from the former Soviet republics to establish a national patent agency in 1992 (12,246). In this article, the authors focus on the basic regulations of Georgian and German patent law that regulate the ownership of an invention created by employees. As it is known, in Georgia the issue is resolved by the „Patent Law“, while in Germany, in addition to the patent law, there is an „Employee Inventions Act“. The scientific article consists of an introduction, a main part and a conclusion. The introduction presents the urgency of the legal problem. The main part, on the one hand, discusses the legal status of inventions created by employees, gives the relationship between patent law and labor law on this issue (on the example of Georgian legislation) and, on the other hand, the authors analyze the German ,,Employee Inventions Act“, which we find a detailed arrangement of an issue of interest to us in. The law is structured in such a way that the balance between the interests of the employee and the employer is maximally maintained, the rule of compensation is provided, a distinction is made between service and free inventions, and ways of resolving disputes between the parties are provided. The legal basis for arbitration is in the foreground. There is also a court of law under the jurisdiction of which these disputes are considered.

scholarly journals The Moral Clause in Patent Law and Threats Posed by Human Germl ine Genome Editing

2021 ◽  
Vol 14 (1) ◽  
pp. 145
Author(s):  
Gabriel Zanatta Tocchetto
Keyword(s):  
Intellectual Property ◽  
Genome Editing ◽  
Patent Law ◽  
European Patent ◽  
European Patent Convention ◽  
Technological Advances ◽  
Patent Laws ◽  
Deductive Method ◽  
Germline Modification ◽  
Applied Biology

This article examines whether the lack of closure of moral clauses in patent laws, particularly in dealing with the issue of human germline genome editing, causes such clauses to fail to function as a moratorium in countries like Mexico. The hypothesis posed here is that a general, open, moral clause in intellectual property legislation, specifically in patent law, is ineffective when confronted with a foreseeable but strong innovation that alters an area of applied biology such as human germline genome editing. Using the deductive method, this research aims to determine whether countries like Mexico need to provide more specific guidance in their legislation on technological innovations like human germline modification in order to foster an atmosphere of legal certainty. A comparative analysis of the closed morals clause in the European Patent Convention and the open morals clause in Mexico’s intellectual property law confirms this hypothesis. Specifically, the lack of closure of a morals clause in patent law, when confronted with novel and complex technological advances, will likely fail to function as a moratorium.

The New Patent Regime

2017 ◽  
Author(s):  
Murphy Halliburton
Keyword(s):  
Low Cost ◽  
Standard Of Care ◽  
Patent Law ◽  
New Drugs ◽  
Essential Medicines ◽  
System P ◽  
Patent Laws ◽  
Patent Applications ◽  
Indian Supreme Court ◽  
Silver Lining

This chapter examines efforts to resist the implementation of the new patent regime in India out of concern for the price of essential medicines. The Indian pharmaceutical sector has been a principle source of low cost medicines for developing countries, but may no longer be able to produce inexpensive copies of medications patented elsewhere. India’s WTO-compliant patent law has a silver lining, however, since it requires companies to demonstrate increased effectiveness of new drugs over the standard of care, provisions against “evergreening” of patents that are not required by US patent laws. Activists in India have been able to defeat several recent patent applications under this provision. The pharmaceutical giant Novartis challenged this provision in the Indian Supreme Court while at the same time the company was holding patents for medical products that were derived from India’s indigenous ayurvedic medical system.

Committee reports. Report on patent law revision**The evidence in support of the Preambles and Resolutions and suggested additions to the copyright, patent and trade-mark laws contained in the first part of our report was not published in the May Journal owing to want of space. I am now sending you the remaining part of the report, by request, as it is considered quite necessary for the members of the Association to have in their hands before the next annual meeting, the entire document for consideration and study. It is believed that this will decidedly facilitate matters and save much time at the annual meeting which otherwise might be used up in unnecessary discussion of the subject.Your Committee wishes to again emphasize that fact that we have no desire to impose our personal views on the Association. The copyright and patent laws were designed to promote progress in science and the useful arts and the trade-mark laws to protect the public from fraud and imposition. It is generally conceded that the laws as now interpreted and applied fall short in accomplishing their purpose. It is therefore incumbent upon the A. Ph. A., representing the pharmacists of America, to suggest proper modifications of the law, of such kind as to secure the very important objects for which they were enacted.—F. E. Stewarcth, Chairman.

1917 ◽  
Vol 6 (6) ◽  
pp. 574-577
Keyword(s):  
Annual Meeting ◽  
Trade Mark ◽  
Patent Law ◽  
The Public ◽  
Patent Laws ◽  
The Law

Applying Patent Laws and Regulations to Educational Technology

2020 ◽  
pp. 205-228
Keyword(s):  
Educational Technology ◽  
Knowledge Economy ◽  
Public Funding ◽  
Patent Law ◽  
Original Research ◽  
Online Assessment ◽  
European Universities ◽  
Patent Laws ◽  
The Uk ◽  
The U.S

European universities have increased their emphasis on commercializing original research so as to compete globally, to keep-up with changing demands of the knowledge economy, to offset decreased public funding, and to cope with the massification of education. “Commercializing” in this sense implies applying for patents. This chapter highlights the application of patent laws in the UK and Europe to educational technology. One of the most promising conditions under which patent law can be applied in educational technology is the peer-to-patent, originally introduced in the U.S. Another is expert-peer online assessment for resolving online disputes. The post-and-vote formula should be considered if this initiative is restarted in the future.

scholarly journals Responding to the rising power “threat”

2015 ◽  
Vol 11 (3/4) ◽  
pp. 285-300 ◽  
Author(s):  
Rory Horner
Keyword(s):  
South Africa ◽  
Emerging Economies ◽  
Multinational Enterprises ◽  
Institutional Environment ◽  
Patent Law ◽  
Content Type ◽  
Civil Society Organisations ◽  
Patent Laws ◽  
Pharmaceutical Patent ◽  
Rising Power

Purpose – This paper aims to explore how established multinational enterprises (MNEs) have responded to the perceived threat from rising power firms by seeking to alter the intellectual property institutional environment in key emerging economies. Design/methodology/approach – The key place of emerging economies in the efforts of established MNEs to seek patent law change is discussed. Two case studies review developments related to pharmaceutical patents in India and South Africa, highlighting the influence of MNEs in driving policy change and the contested nature of their actions. Findings – While India and South Africa both present evidence of MNEs seeking to influence pharmaceutical patent laws, distinct differences emerge. In India, most MNE pressure has been in response to the emergence of an active domestic industry and a patent law oriented towards generic entry, while the MNE priority in South African has been geared towards maintaining MNE dominance and a system which leads to generous granting of patents. Practical implications – Managers and decision-makers seeking to invest in emerging economies must take account of a plethora of institutions present, which may be better suited towards local industrial and consumer interests and may prompt resistance to any established MNE-led attempt at institutional change. Originality/value – The article offers a comparative perspective on pharmaceutical patent laws in India and South Africa, which have been subject to significant contestation by policymakers, civil society organisations and both rising power and established MNEs. The comparison explores and questions the increasingly widespread “institutional void” thesis in international business.

Sign in / Sign up

Export Citation Format

Share Document