Rethinking Fairness: The Scope of Assignor Estoppel Doctrine After Minerva

Assignor estoppel, a common-law doc- trine, may prevent the former employee, as the patent assignor, from asserting the patent invalidity defense. The doctrine prevents unfair practices where, after assigning all the patent rights, the assignor claims the invalidity of the assigned patent such that she may exploit the invention without infringement. This article discerns the breadth of assignor estoppel doctrine and its implications after a recent Supreme Court case Minerva Surgical, Inc. v. Hologic, Inc., 141 S. Ct. 2298 (2021).

Patent Thickets, Stock Returns, and Conditional CAPM

Patent thickets, a phenomenon of fragmented ownership of overlapping patent rights, hamper firms’ commercialization of patents and thus deliver asset pricing implications. We show that firms with deeper patent thickets are involved in more patent litigations, launch fewer new products, and become less profitable in the future. These firms are also associated with lower subsequent stock returns, which can be explained by a conditional Capital Asset Pricing Model (CAPM) based on a general equilibrium model that features heterogeneous market betas conditional on time-varying aggregate productivity. This explanation is supported by further evidence from factor regressions and stochastic discount factor tests. This paper was accepted by Karl Diether, finance.

IMPLEMENTATION OF PATENT AND TRANSFER OF PATENT RIGHTS ACCORDING TO INDONESIAN PATENT LAW

Indonesia as a member of the World Trade Organization (“WTO”) is obliged to comply with the provisions stipulated in the Trade-Related Intellectual Property Rights Agreement (“TRIPs Agreement”) especially regarding Patents; therefore, the Government of Indonesia regulates the provisions regarding Patents by Law Number 13 of 2016 concerning Patent which has been amended through Law Number 11 of 2020 Concerning Job Creation (“Indonesia Patent Law”). Article 20 of Indonesian Patent Law regulates that “the implementation of Patents must be implemented in Indonesia which can be done by making, importing, and licensing.”. Related to the protection of patent rights granted, the state also hopes to transfer technology from Patent Holders; thus, their inventions can be produced and used without paying royalties to Patent Holders. However, the provisions regulated by the Government of Indonesia stipulate that the implementation of Patent can be carried out by importing, which will result in no transfer of technology from the Patent Holders to the state; thus, it will be detrimental to Indonesia. Therefore this paper will examine and explain the impact of applying Article 20 of the Indonesian Patent Law, especially regarding the implementation of Patent and transfer of Patent Rights.AbstrakIndonesia sebagai anggota World Trade Organization (“WTO”) wajib memenuhi ketentuan yang ditetapkan dalam Trade-Related Intellectual Property Rigths Agreement (“TRIPs Agreement”) terutama mengenai Paten, oleh karena itu, Pemerintah Indonesia mengatur ketentuan mengenai Patent melalui Undang-Undang Nomor 13 Tahun 2016 tentang Paten yang telah diubah melalui Undang-Undang Nomor 11 Tahun 2020 tentang Cipta Kerja (“UU Paten Indonesia”). Pasal 20 UU Paten Indonesia mengatur bahwa “implementasi Paten harus dilaksanakan di Indonesia yang dapat dilakukan dengan membuat, mengimpor, dan lisensi.”. Pada dasarnya terkait dengan perlindungan Hak Paten yang diberikan, negara juga berharap untuk terjadinya peralihan teknologi dari Pemegang Paten sehingga invensi mereka dapat diproduksi dan digunakan tanpa harus membayar royalty kepada Pemegang Paten. Namun, ketentuan yang diatur oleh Pemerintah Indonesia menetapkan bahwa implementasi Paten dapat dilakukan dengan importasi yang mana hal tersebut tidak akan menghasilkan peralihan teknologi dari Pemegang Paten kepada negara sehingga akan merugikan Indonesia. Oleh karena itu paper ini akan mengkaji dan menjelaskan dampak penerapan Pasal 20 UU Paten Indonesia khususnya mengenai implementasi Paten dan transfer Hak Patent.

Standardization documents as objects of patent rights research

The article deals with the issues of patent research of documents on standardization. The results of the analysis of the types of patent research established by state standards and specifications GOST R 15.011 in relation to the objects of standardization are presented. In the study of the provisions of GOST 1.5-2001, groups of standards were identified to which the provisions of GOST R 15.011 apply. In order to concretize the provisions of GOST R 15.011 in relation to documents on standardization, it is proposed to make appropriate changes to the specified standard.

Legal Aspects of the Balance of Interests: Pharmaceutical Companies Innovators and Generic Manufacturers

The paper deals with the problems of entering the market of generic drugs in the light of protecting the interests of copyright holder-originators. It is emphasized that the main method of protection lies in the area of intellectual rights. The protection of patent rights by companies that are copyright holders of innovative medicines comes out on top. Attention is drawn to issues related to the data exclusivity regime that are especially important in the context of establishing a balance of interests not only between the copyright holders of original medicines and generic manufacturing companies, but also between representatives of the medical community. The paper considers individual rules of special normative legal acts regulating relations related to the circulation of medicines in Russia and abroad. The author draws attention to the fact that there is some terminological ambiguity, which creates difficulties in the implementation of legal regulation. Possible restrictions on the rights of companies that put into circulation generic medicines should act as a certain guarantor in the implementation of the proper legal mechanisms for the protection of the results of intellectual activity in the pharmaceutical sector and contribute to the stimulation of innovation.

PERANCANGAN BUSINEES MODEL CANVAS DAN BLUE OCEAN STRATEGY UNTUK SCALE UP USAHA PENGRAJIN ALAS KAKI SOOKO MOJOKERTO

The small footwear industry is a commodity that residents in Sooko, Mojokerto, can rely on. Affected by Covid-19, since May 2020 exports have had a significant effect on business continuity, while the local market was felt at the end of March. Buyers tended to cancel their orders and many craftsmen's businesses were closed. The canvas business model is an instrument in creating new businesses. To deal with new market situations, the blue ocean strategy is chosen then. In producing the BMC formula, several changes are made to: customer relationship in endorsement; stalls on the Channel; Key Activities in online sales and digital marketing as well as patent rights. Revenue Streams on product usage fees and licensing, then focusing on direct selling and indirect selling. Scale-up of efforts carried out in production & digital marketing collaboration. Increasing in brand & design patents and also sales platforms. The highest scale value is branding.

Waiving COVID-19 Vaccine Patents: A Bad Idea and a Dangerous Precedent

The Biden Administration believes that suspending COVID-19 vaccine patents will expedite the swift development of high quality “cheap” versions of existing vaccines and hasten the pandemic’s end. This view is dangerously wrong. Vaccinating the world is essential, but temporarily waiving patent rights for COVID-19 vaccines (also known as “compulsory licensing”) will actually slow their availability to the developing world. While providing no gain, compulsory licensing promises lots of pain. Waiving patent protection discourages cutting-edge research investments, which in turn produce breakthrough treatments not just for COVID-19, but for other diseases, like cancer. Weakening these protections would be anti-patient and counterproductive. The reality is that, in order to save the world, we must all work together as partners. The remarkable speed with which we developed diagnostics, therapeutics, and vaccines to combat COVID-19 points to the need for more collaboration, not less. Patents are a foundational principle upon which that success rests. While the policy of temporarily waiving patents seems fair and humanitarian, the devil is in the details. Such a policy will not result in a single citizen of the developing world getting vaccinated one minute sooner. In fact, the unintended consequences are the reverse. More confusion, lower quality, less transnational cooperation. A triple play of disastrous global proportions.

A comprehensive review of therapeutic approaches available for the treatment of dermatitis

: Dermatitis or eczema is a prevalent skin disorder worldwide and is also very common as a pediatric inflammatory skin disorder. Its succession gets worse with the multiple comorbidities which exhibit mechanisms that are poorly understood. Its management further becomes a challenge due to the limited effective treatment options available. However, the novel drug delivery systems (NDDS) along with new targeting strategies can easily bypass the issues associated with dermatitis management. If we compare the active constituents against phytoconstituents effective against dermatitis then phytoconstituents can be perceived to be more safe and gentle. Administration of NDDS of plant extract or actives displays improved absorption behavior, which helps them to permeate through lipid-rich biological membrane leading to increased bioavailability. The newer efficient discoveries related to eczema can face various exploitations. This can be intervened by the subjection of patent rights, which not only safeguard the novel works of individual(s) but also give them the opportunity to share details of their inventions with people globally. The present review focuses on the available research about the use of nanoformulations in the topical delivery. It further elaborates the use of different animal models as the basis to characterize the different features of dermatitis. The review also highlights the recent nanoformulations which have the ability to amplify the delivery of active agents through their incorporation in transfersomes, ethosomes, niosomes or phytosomes, etc.

Comparing patent protection in Indonesia with that in Singapore and Hong Kong

The discovery of technology has a huge impact on the economy of a country, so many countries focus on developing technology and apply this technology in their respective countries. Technological inventions must register patent rights to obtain legal protection to avoid losses that will harm inventors, stimulate creativity in creating new technologies and create fair business competition among companies engaged in technology. This normative research aims to compare patent protection in Indonesia, Singapore, and Hong Kong. The benefit of this research is that it can contribute to scientific literature in the field of patent rights, can provide an overview of the form of patent rights arrangements in several countries outside Indonesia, so as to avoid disputes and/or misunderstandings with other countries. The participation of Indonesia, Singapore, and Hong Kong in ratifying the Convention on the World Trade Organization and the agreement on the Trade Aspects of Intellectual Property Rights (TRIPs) obliges these countries to establish regulations on patents in their respective countries. Although the application of patent law in Indonesia, Singapore, and Hong Kong is based on the terms of the TRIPs agreement, the implementation and regulations must have differences. Patent registration in Indonesia, Singapore, and Hong Kong have the same procedure, namely fulfilling the formal requirements, substantive examination, then the announcement stage. The term of patent protection in Indonesia and Singapore is similar, which is 20 years from the date of filing. However, it is different from Hong Kong, namely from the date of filing. In patent disputes, there are two ways of settlement, namely litigation and non-litigation. Patents in Indonesia, Singapore, and Hong Kong have another similarity, namely that they are transferable and can be licensed. The focus of this research is only to compare the application of patent law and not to examine its strengths and weaknesses, so it is considered important to do further research on this matter.