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Patent holders are increasingly making voluntary, public commitments to limit the enforcement and other exploitation of their patents. The best-known form of patent pledge is the so-called FRAND commitment, in which a patent holder commits to license patents to manufacturers of standardized products on terms that are “fair, reasonable and non-discriminatory.” Patent pledges have also been appearing in fields well beyond technical standard-setting, including open source software, green technology and the biosciences. This book explores the motivations, legal characteristics and policy goals of these increasingly popular private ordering tools.
Through a collaboration among twenty legal scholars from North America, Europe and Asia, this book presents an international consensus on the use of patent remedies for complex products such as smartphones, computer networks, and the Internet of Things. This title is also available as Open Access on Cambridge Core.
A comprehensive and practical textbook in the field of intellectual property licensing.
Alexandra Robbins wanted to find out if the stereotypes about sorority girls were actually true, so she spent a year with a group of girls in a typical sorority. The sordid behavior of sorority girls exceeded her worst expectations -- drugs, psychological abuse, extreme promiscuity, racism, violence, and rampant eating disorders are just a few of the problems. But even more surprising was the fact that these abuses were inflicted and endured by intelligent, successful, and attractive women. Why is the desire to belong to a sorority so powerful that women are willing to engage in this type of behavior -- especially when the women involved are supposed to be considered 'sisters'? What definition of sisterhood do many women embrace? Pledged combines a sharp-eyed narrative with extensive reporting and the fly-on-the-wall voyeurism of reality shows to provide the answer.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
In the era of modern industrial regimes, the role of technology in tackling climate change is pivotal. International goals of climate change mitigation and sustainable development cannot be achieved without the contribution of new technologies. At the same time, the importance of patent protection and an efficient patent system that facilitates technology transfer among international frontiers cannot be overlooked. Many patented technologies are either not accessible for further dissemination or do not hold much technical value. Therefore, advanced systems of collaborative innovation have been developed, especially in the sector of green technology and green innovation. The environmental concerns of the global community cannot be tackled by a single company, person, sector or country. Innovation partnerships and collaborative research will play a vital role in combating global climate concerns and in determining the diffusion of green technologies for maximum impact. This book argues that policy-makers should encourage partnerships in technology rather than focusing on gaining investment and access to green technology to encourage global technological giants to transfer their technology and knowledge to local entities. It analyzes the relationship between patent protection, green innovation and diffusion of green technology against the backdrop of climate change and severe climate crisis. Taking an interdisciplinary approach to align patent law and green technology with the Sustainable Development Goals, it examines the effects of patent protection, technology transfer and compulsory licensing on the diffusion of green technologies while offering a systematic analysis of the relationship between patent protection, green innovation and diffusion of green technology from a global perspective.
The first comprehensive textbook covering all aspects of the economics of innovation and the role of intellectual property in encouraging or discouraging innovation. Innovation is widely viewed as the engine behind economic growth, and it has assumed increasing importance in contemporary economic research. In The Economics of Innovation and Intellectual Property, Bronwyn H. Hall and Christian Helmers introduce readers to the use of economic analysis for the understanding of technical change and the innovative process, its determinants, and consequences. The authors cover innovation basics, the measurement of returns to innovation for individuals and the economy, and the use of intellectual property protection by innovators. They focus on the various ways patents have been used by industry to secure returns to innovation, as well as the strategic use of patents, and they emphasize present-day technologies including pharmaceuticals, software, and AI. Clearly organized and accessible, The Economics of Innovation and Intellectual Property offers a useful introduction to economics, business, public policy, and legal studies, and provides a comprehensive collection of references and information from a variety of sources across disciplines. It also includes various boxes with definitions and examples, as well as a brief mathematical appendix explaining concepts that may be unfamiliar and an introduction to data sources.
The COVID-19 pandemic served as a powerful wake-up call, highlighting our collective need for the effective development and equitable distribution of new vaccines, in addition to widespread administration of existing ones. The current models of production and allocation of vaccines against emerging pathogens, which rely on predominantly market-driven mechanisms, are largely at odds with public health needs. This book is the first to explore the entire arc of vaccine development and distribution, from the decisions about allocation of vaccine R&D money to allocation and administration of vaccines resulting from the R&D process. It explains key concepts and problems in vaccine regulation, intellectual property, technology transfer, and international relations, making complex material accessible to a non-specialist audience. Analyzing the impact of COVID-19, the book also covers several other vaccine races, as well as future directions in vaccine development and allocation.
The patent system is based on "one-patent-per-product" presumption and therefore fails to sustain complex follow-on innovations that contain a number of patents. The book explains that follow-on innovations may be subject to market failures such as hold-ups and excessive royalties. For decades, scholars have debated whether the market problems can be solved with voluntary licensing i.e., open innovation, or with compulsory liability rules. The book concludes that neither approach is sufficient. On the one hand, incentives to engage in open innovation practices involving patents are insufficient. On the other hand, the existing compulsory liability rules in patent and competition law are not tailored to address follow-on innovator's interests. To transcend this problem, the author proposes a compulsory liability rule against the suppression of follow-on innovation, that paradoxically, fosters early-on voluntary licensing between patent holders and follow-on innovators. The book is aimed at patent and competition law scholars and practitioners, patent attorneys, managers, engineers and economists who either engage in open innovation involving patents or conduct research on the topic. It also offers insights to policy and law-makers reviewing the possibilities to foster open innovation initiatives or adapt the scope of patent remedies or employ compulsory licenses for patents.