Legal means of protecting the rights to the results of intellectual activities in healthcare in international business

The author analyzes the legal means of protecting the rights to the results of intellectual activity through the TRIPS agreement and its impact on the development of international business in the field of healthcare. Attention is paid to the national patent policies of different legal orders, exploring the theoretical differences in the policies of different countries. It also addresses key domestic implementation policy issues as the new rules move from the international to the national level. Finally, it examines the implications of TRIPS for managing innovation in ICT-based industries, including pharmaceuticals, and where ICT has enabled global value chains, where the speed and distributed nature of innovation makes intellectual outcomes both less efficient and more necessary

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

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.

WORK WITH PATENT DATABASES IN THE PROCESS OF CREATING COMPETITIVE INVENTIONS

The article deals with methodical advice and methods of patent search, based on the experience of the author of patent science and the use of patent databases employing Internet access.A patent search is considered with the appeal of both patent bases of Ukraine and national patent bases of various states, as well as other electronic resources available on Internet networks that contribute to the creation of competitive inventions.The work of such resources based on search engines, which allow you to search by the number of patent, some applications, a year of application, a country, the author's surname, owner, and other search parameters, are considered.To create useful models in free access, some sites have their search engines with outdated bases www.findpatent.com.ua, www.findpatent.ru, www.patents.su and other.However, the patent of Ukraine for a utility model is a guarding document issued to the applicant under its responsibility and does not undergo an examination of the essence of the invention, but only a formal examination. This approach complicates the design and defence of the dissertations since the limited search base does not provide a complete evaluation of the definition of scientific and technical novelty of the development.To create competitive, new inventions it is advisable to use search engines www.google.com/patents, www.ukrpatent.org.ua, and others, which use data taken into account by patent departments during the examination.It is noted that the search engine www.google.com for the same request provides results other than www.google.com/patents. The www.google.com system covers wider resources, including book stresses of manufacturers and scientific and technical publications.Looking for patents for inventions that were issued by Ukrpatent, it is necessary to look for in a specialized database of “inventions (utility models) in Ukraine” using the instructions on the use of information and search engine of Ukrpatent. Keywords: competitive inventions, search engines, patent departments, a utility model, Patent, Patent science, patent databases, Ukrpatent

R&D spending and patents: levers of national development

Purpose The level of R&D spending of a country tends to increase the national patent rate and, in consequence, can collaborate with its economic development. However, there are a few empirical studies investigating this phenomenon by comparing countries from all over the globe. The purpose of this paper is to disassemble the sources of R&D spending and identify the role of national patent applications as a mediator in the relationship between R&D spending and national development. Design/methodology/approach Panel data on patent applications in 35 countries of all continents (except Africa) over 15 years (from 1999 to 2013) regarding four levels of national R&D intensity (i.e. by enterprises, governments, higher education institutions and private non-profit organisations), gross domestic product (GDP) per capita, gross national income (GNI) and human development index (HDI) were collected from the OCDE. Then, two-stage panel regressions were conducted to test the hypotheses. Findings The empirical findings indicated that R&D spending from firms and higher education institutions (public and private) help to directly improve national patent applications, thus contributing to the national development (measured by GDP per capita, GNI per capita and HDI). Originality/value The importance of this study was to show that the investments in R&D made by universities and firms are more effective in leading to patent applications, which contributes to promoting national development. With these findings, governments can focus their efforts on stimulating these types of investments if they want to foster the growth of national patent rates.

Review of the International Patent System: From the Venice Statute to Free Trade Agreements

The current international patent system emerged within certain economic, political and social conditions in specific territories and periods. It has its historical roots in the Statute of Venice (1474), the Statute of Monopolies (1624), the United States Patent Law (1790), the French Patent Law (1791) and the Paris Convention (1883). Over time, these laws shaped a new model, which currently prevails. To strengthen the analysis of this article, the Agreement on Trade-Related Aspects of Intellectual Property Rights (1994), as well as free trade twentieth century agreements are integrated into the discussion. It is worth noting that each amendment stressed the economic relevance of the patent and its use to benefit certain economic elites through the creation of monopolies. Consequently, the debate on the purposes and nature of the international patent system has also been constant from its emergence to the present. This article provides basic elements for reflection about the origin, purposes and scope of national patent models implemented in Latin America within the global trend of scientific-technological innovation for development.

Limits of the Supremacy of a European Patent Over a National Patent

Gemata v Bergi and others; with Case note by Giulia Schneider