Intellectual property protection of molecules/proteins/genes/natural products: will recent case law change patent practice in the pharmaceutical industry?

2015 ◽  
Vol 4 (3) ◽  
pp. 135-139
Author(s):  
Takeshi S Komatani
Keyword(s):  
Natural Products ◽  
Intellectual Property ◽  
Pharmaceutical Industry ◽  
Case Law ◽  
Intellectual Property Protection ◽  
Recent Case

Intellectual Property Protection OF NATURAL PRODUCTS

2004 ◽  
Vol 08 (10) ◽  
pp. 540-545
Author(s):  
Albert Wai Kit Chan ◽  
Jason Chih-Sheng Lin
Keyword(s):  
Natural Products ◽  
Intellectual Property ◽  
Intellectual Property Protection ◽  
Trade Secrets ◽  
Plant Patents

The article discusses about trade secrets, trademarks and patents and plant patents. It is about the intellectual property protection while dealing with natural products.

SPECIFICS OF THE NETWORK MODEL OF INNOVATION IN PHARMACEUTICALS IN THE CONTEXT OF INTELLECTUAL PROPERTY PROTECTION

2020 ◽  
Vol 16 (5) ◽  
pp. 182-190
Author(s):  
KSENIA BELIKOVA ◽  
Keyword(s):  
Intellectual Property ◽  
Pharmaceutical Industry ◽  
Network Model ◽  
Open Innovation ◽  
Scientific Progress ◽  
Intellectual Property Protection ◽  
Practical Significance ◽  
Innovation Strategy ◽  
Foreign Countries ◽  
Starting Point

This article is aimed at identifying and analyzing the specifics of the network model of innovation in the pharmaceutical industry in the context of intellectual property protection on the example of a number of foreign countries and Russia. The starting point of the research is the currently observed networking - the introduction of non-market communication, which is beginning to replace purely exchange, monetary regulators in the economy, law, and other spheres of society. The article examines the issue of acceptability (objective necessity) of applying (accepting) «open» innovations in the pharmaceutical industry and some facets of the influence of this trend in the field of law. Specific examples are used to discuss various forms of expression of the open innovation strategy practiced in the pharmaceutical industry and some of its prospects. At the same time, some aspects of the protection of intellectual property rights obtained during the implementation (realization) of the «open» innovation strategy in pharmaceutical sector are studied in the traditional and network (using blockchain technology) format. The relevance, theoretical and practical significance of such a research is due to the fact that both network «open» (innovative) and «closely-held» (traditional) methods of developing new scientific knowledge have their pros and cons, which can currently slow down or accelerate scientific progress and promote innovative growth. Foreign experience can be useful in finding answers to similar questions related to the development, justification and adoption of collaborations based on «open» innovations by our country, and the fact that this study serves to fill in the existing gap in the development of legal and other approaches of foreign countries in the field of modern research. The author's results, among other things, are presented in the fact that currently the protection of intellectual property from unauthorized use is still traditionally based on agreements, but can already be performed in a modern network way - using distributed ledger technology - blockchain, that reliability is due to hardware control over any changes in the protocols or information in the network, its copying, easiness of establishing and verifying its authorship, which increases the chances of successful development of the OI strategy.

scholarly journals A Framework For The Income Tax Deductibility Of Intellectual Property Expenditure Incurred By South African Taxpayers

2013 ◽  
Vol 12 (3) ◽  
pp. 373
Author(s):  
Rudi Oosthuizen
Keyword(s):  
South Africa ◽  
Intellectual Property ◽  
South African ◽  
Income Tax ◽  
Case Law ◽  
Recent Case ◽  
Tax Legislation ◽  
Tax Deductions ◽  
The Right ◽  
The Cost

Taxpayers who use intellectual property (such as patents and trademarks) in their trade in the production of income may obtain the right of such use in a number of different ways. The nature of the transaction granting the taxpayer the use of intellectual property items determines the tax treatment thereof. Taxpayers may be able to claim deductions for the cost of using these items in terms of specific income tax sections or the general deduction formula as outlined by the Income Tax Act 58 of 1962. There are also a number of other sections in the Act which may affect the timing and extent of the deductions allowed. This article investigates the various income tax deductions which may be available to taxpayers in South Africa who make payments in respect of intellectual property. It considers the effect of important recent case law and changes to tax legislation on the timing and extent of these deductions and suggests a framework which can be applied to assist the taxpayer in understanding the structure of such deductions.

Critical Appraisal of the Recent Case-Law of the European Union Intellectual Property Office (EUIPO)

2020 ◽  
Vol 26 (2) ◽  
pp. 228-231
Author(s):  
Tudor-Vlad Sfârlog
Keyword(s):  
European Union ◽  
Intellectual Property ◽  
Critical Appraisal ◽  
Case Law ◽  
Recent Case ◽  
The European Union ◽  
European Legislation ◽  
Trademark Protection

AbstractTrademark protection has a temporal and territorial character. The European Union Intellectual Property Office facilitates the protection of trademarks at the European Union’s level. The present study analyzes the conditions of admissibility for the registration of a mark in case of opposition. In the elaboration of the study, we considered the European legislation in the field, the decisions and resolutions that constitute a source of law in the field. In this regard, we analyzed the recent case law of the European Union Intellectual Property Office and formulated a series of critical theses.

scholarly journals The ocean pharmacy: A treasure chest of new drug leads

2012 ◽  
Vol 34 (1) ◽  
pp. 16-21 ◽  
Author(s):  
Andrew Mearns Spragg ◽  
Simon G. Best
Keyword(s):  
Natural Products ◽  
Intellectual Property ◽  
Pharmaceutical Industry ◽  
Combinatorial Chemistry ◽  
Low Cost ◽  
Regulatory Requirements ◽  
Synthetic Compounds ◽  
New Drug ◽  
Treasure Chest ◽  
Drug Leads

Over the last 20 years, the pharmaceutical industry has seen a decrease in discovery and success based on computational and combinatorial chemistry, and an increase in base costs imposed by increasing regulatory requirements and a higher rate of failures during the development process1. Couple this to the potential of structural, hence intellectual property overlap between libraries of synthetic compounds and the need for low-cost, scalable and chemically unique new scaffolds, the pharmaceutical industry is starting to re-evaluate the potential of natural products to provide the industry with new drug leads.

scholarly journals Competition Aspects of Public Licenses

2015 ◽  
Vol 9 (2) ◽  
pp. 1-14
Author(s):  
Tomáš Kubeša
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Competition Law ◽  
Scientific Work ◽  
Case Law ◽  
Recent Case ◽  
Research Grants ◽  
Strong Position ◽  
Abuse Of Dominance

Public licenses have earned a strong position in both protection and transfer of Intellectual Property Rights. Public licenses are an essential part of activities of many companies, projects and even research grants and their use is increasing. This development means that IPRs and related products protected by public licenses engage in competition with products, protected by more traditional licensing schemes. Thus, even public licenses must be assessed through competition law scrutiny. Recent case law and scientific work clearly show that viewing public licenses through competition law perspective is a difficult task and requires a deep legal assessment and debate. Many known competition concepts, such as price fixing, RPM or abuse of dominance do not seem to cope well with many common provisions of public licenses. This article will summarise existing state of such debates, introduce competition law concepts into the context of public licenses and offer a solid competition viewpoint of public licenses. The outcome of this article will answer the question whether and when can public licenses breach competition law rules.

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