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.

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.

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

scholarly journals Copyrightability of Recombinant DNA Sequences

2016 ◽  
Author(s):  
Dan Burk
Keyword(s):  
Intellectual Property ◽  
Dna Sequences ◽  
New Technologies ◽  
Recombinant Dna ◽  
Computer Software ◽  
Copyright Law ◽  
Patent Law ◽  
Intellectual Property Protection ◽  
Dominant Form ◽  
Recent Emergence

The recent emergence and rapid growth of biotechnology as a commercial industry has raised serious questions concerning the role of patent law as the industry's dominant form of intellectual property protection. Several commentators, drawing on an analogy to computer software protection, have suggested copyright law as an alternative method of protecting recombinant DNA innovation. This article reviews these arguments in light of recent court decisions and scholarly commentary concerning copyright of computer software. The article argues that copyright law is not sacrosanct, but rather represents a particular scope of proprietary interests that may be used to accommodate the needs of new technologies such as biotechnology. The article asserts, however, that the decision to apply copyright protection to such a technology should be based on policy rather than on analogy. The article reviews the basic characteristics of both the science of molecular biology and of the biotechnology industry, and, by contrasting these characteristics to those of the software industry, concludes that, as a matter of policy, copyright is not the most appropriate form of intellectual property protection for biotechnology.

Patents and Related Rights

2017 ◽  
Author(s):  
Dan L. Burk
Keyword(s):  
Intellectual Property ◽  
Technological Innovation ◽  
Patent Law ◽  
Patent System ◽  
Technical Innovation ◽  
Utility Models ◽  
Alternative Solutions ◽  
Theoretical Issues ◽  
Widespread Interest ◽  
Plant Breeders Rights

Patents, along with the related systems of utility models and plant breeders’ rights, are the forms of intellectual property most closely associated with technological innovation. Some form of patent system is found in essentially all modern states, and patents have become a ubiquitous feature of the global legal and technical environment. Patents and related rights are therefore highly dynamic areas of law, displaying constant evolution of doctrine simultaneously in multiple jurisdictions. The shifting diversity of national approaches offers an opportunity to consider how characteristic themes and problems of patent law have been approached from different perspectives, and lend a sense of better, worse, and alternative solutions to the problem of prompting technical innovation. Consequently, this chapter surveys particular doctrinal problems in patent law and allied laws, uses them to illustrate both broad theoretical issues endemic to such laws, and ties those issues to ongoing controversies that have attracted widespread interest.

scholarly journals Awarded with Economic Growth, from Weak to Strong Patent Legislation: Legal Study with Regard to China

2018 ◽  
Vol 8 (3) ◽  
pp. 6-15
Author(s):  
Shaghayegh Haji Bagher Naeeni
Keyword(s):  
Economic Growth ◽  
Intellectual Property ◽  
Patent Law ◽  
Patent System ◽  
International Standards ◽  
World Intellectual Property Organization ◽  
Critical Legal Study ◽  
Chinese Market ◽  
Legal Study ◽  
Chinese Patent

This paper provides a critical legal study on evaluation of patent system in China from the year1980, which is known as the beginning of Chinese modern intellectual property law including patent law till 2016 that China achieved third place in Patent Cooperation Treaty (PCT) internationally for the highest patent applications according to World Intellectual Property Organization (WIPO).  Moreover, researcher will go through few important push factors for Chinese patent legislator who developed stronger Patent law to attract more national and international inventors for investing in Chinese market without hesitation of their patent rights being infringed due to weak legislation. In other words, how China realized that being in the era of globalization for improving economic growth, it should consider at least minimum international standards in its own patent legislation. Hence, the method used in this paper will be purely a doctrine method, because the researcher will be conducting the critical legal study on mentioned aspects, which involves collecting of data from primary and secondary sources. The process involved in this research is a collative process. However, still there is room for improvement in current Chinese patent system, which will be discussed in this paper. All in all, the researcher concluded that concept of globalization is undeniable in national as well as the international market in order to have a reasonable economic growth for the same reason China had considered having stronger patent legislation in order to save its position in the market and also to increase its own rate of economic growth. On the other hand, the paper concludes by putting forward suggestions for modifying Chinese patent system.  

scholarly journals Patents and Allied Rights: A Global Kaleidoscope

2016 ◽  
Author(s):  
Dan Burk
Keyword(s):  
Intellectual Property ◽  
Technological Innovation ◽  
Patent Law ◽  
Patent System ◽  
Technical Innovation ◽  
Utility Models ◽  
Alternative Solutions ◽  
Theoretical Issues ◽  
Widespread Interest ◽  
Plant Breeders Rights

Patents, along with the related systems of utility models and plant breeders' rights, are the forms of intellectual property most closely associated with technological innovation. Currently some form of patent system is found in essentially all modern states, and patents have grown to be a ubiquitous feature of the global legal and technical environment. Patents and related rights are therefore highly dynamic areas of law, displaying constant evolution of doctrine simultaneously in multiple jurisdictions. The shifting diversity of national approaches offers an opportunity to consider how characteristic themes and problems of patent law have been approached from different perspectives, and lend a sense of better, worse, and alternative solutions to the problem of prompting technical innovation. Consequently, this chapter surveys particular doctrinal problems in patent law, using them to illustrate both broad theoretical issues endemic to the patent system, and tying those issues to ongoing controversies that have attracted widespread interest.

scholarly journals United patent court of the EC: organizational and economic-legal basis of functioning

2019 ◽  
pp. 34-43
Author(s):  
H.O. Androshchuk ◽  
L.I. Rabotiahova
Keyword(s):  
Intellectual Property ◽  
Economic Factor ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Patent Law ◽  
Patent System ◽  
European Patent ◽  
Association Agreement ◽  
Unified Patent Court ◽  
The Eu

The EU’s system for dealing with patent law disputes provides that disputes concerning the same European patent may be considered in parallel in different EU member states. To prevent such shortcomings from adversely affecting the transparency and functioning of the market, it was decided to introduce a Unified Patent Court in the EU patent system. The required package of documents (“patent package”) is intended to make the most valuable changes in the legal regulation of the protection and protection of inventions in the EU over the past 40 years. The article discusses the role and place of the Unified Patent Court (UPC) in the EU patent system. The organizational and economic-legal aspects of the creation and operation of a specialized patent court with exclusive jurisdiction for court proceedings related to European and unified EU patents: structure of the court, composition of judges, language of processes are analyzed. financial activities, organizational and procedural provisions, litigation costs and fees. It is emphasized that the economic factor is the key issue of the effective existence of the EU patent system. The experience of creating the Unified Patent Court will be interesting for Ukraine, which has chosen the path to create a specialized court in the field of intellectual property, because approximately one fifth of the Association Agreement with the EU concerns the unification of the legislation of Ukraine and the EU in the field of intellectual property

PROTECTION OF INTELLECTUAL PROPERTY ASSOCIATED WITH THE EXPLORATION OF OUTER SPACE

2019 ◽  
pp. 21-26
Author(s):  
A.V. Bagrov
Keyword(s):  
Intellectual Property ◽  
Industrial Revolution ◽  
Outer Space ◽  
Patent Law ◽  
Patent Holder ◽  
Space Flights ◽  
Innovative Solutions ◽  
Space Law ◽  
Uncertain Time

Patent law, which arose at the beginning of the industrial revolution and protects the rights of the patent holder solely on the territory of patenting, does not apply to inventions used in outer space. Space is not included in any patenting territory. It is necessary on a new basis to form the space law on the protection of innovative solutions, which will take into account the uncertain time between the filing of an application for an invention and its first use in space. Now it often exceeds the generally accepted period of validity of patents. For space patents, it is advisable to establish their validity for at least 50 years from the date of first use. All outer space, including all objects located in it, is proposed to be declared a single patent territory. It is necessary to exclude duties on the maintenance of patents used in space flights, if they are used only by the developer or are transferred to them for free leasing.

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