Univ., Diss.--Berlin, 2008.

Diss.--Universität Köln, 2008/2009. / Includes bibliographical references and index.

Thesis (S.J.D.)--University of Hong Kong, 2005.

"September 1999" / Also available via the World Wide Web.

Boston University. University Professors Program Senior theses. / PLEASE NOTE: Boston University Libraries did not receive an Authorization To Manage form for this thesis. It is therefore not openly accessible, though it may be available by request. If you are the author or principal advisor of this work and would like to request open access for it, please contact us at open-help@bu.edu. Thank you. / 2031-01-02

<p> The purpose of this Paper is twofold: First, to explore the somewhat contradictory, and perhaps convoluted approaches by the Supreme Court and Federal Circuit to patentable subject matter since the early 1970&rsquo;s to the present; and Second, to investigate two theories of how to fix&mdash;if it can be considered to be broken&mdash;the current state of the law regarding patent eligibility. In regard to the second aspect, it is the Thesis of this Paper that the only practicable solution to the current quagmire is a legislative approach that will correct the legal definition of patentable subject matter under 35 U.S.C. &sect; 101. </p><p> In addition, it has become common, since the decision of <i>Alice </i> and others to state &ldquo;software patents are dead.&rdquo; This is not even remotely true. What has happened, as will be discussed, is that because of the expansion of the definition of the abstract idea exemption of patentable subject matter, it has become increasingly difficult&mdash;sometimes impossible&mdash;to get patents awarded for certain technology areas. One reason for this is because so-called abstract idea innovations can be best expressed in terms of algorithms and in software. Consequently, software patents have achieved a negative reputation&mdash;sort of a &ldquo;guilt by association&rdquo; narrative. The truly unfortunate result&mdash;the unintended consequence - is that perhaps many applications for innovations have either not been filed, or have been unfairly rejected and abandoned.</p><p>

LL.M. (Human Rights Law) / This research considers the potential for conflict between human rights and intellectual property rights (IPRs) in South Africa. I argue that this conflict is brought about by the fact that the interests which are served by these two areas of law are different. Human rights have a broader outlook in that they seek to provide conditions required for people to lead lives that are worthwhile, while IPRs are narrower in that they primarily seek to reward inventors or creators of works. The first chapter looks into the nature of human rights and IPRs and also traces some of the origins of the clashes between the two rights. The second chapter attempts to determine if IPRs are considered human rights in South Africa. This chapter also reviews the first case where human rights and IPRs were considered together in South Africa. In the third chapter, medical patents are considered with a view of deriving some learnings from other developing countries. This work will conclude with the proposition that where there is conflict, certain human rights must take priority over IPRs.

M.Ing. / With the introduction of "International Financial Reporting Standards" (IFRS) through out Europe in April 2001, there is a requirement to accurately report the value of all company assets. This will include by implication all intangible assets and Intellectual Property, such as patents, trademarks, copyrights, and know-how. Items that have not been recorded before are much more visible under IFRS and will need to be carefully interpreted by investors and analysts. In order to meet the future needs of their business, companies will require stringent measures to determine and report the true value of their assets, including intangible assets like patents, trademarks, copyrights, and know-how. Currently there is a lack in methodology which can accurately and reliably determine the value of Intellectual Property for the European business community. Research is being performed by the Max Planck institute in Munich (home of the European Patent Office) to develop a comprehensive model to uniformly evaluate different types of intangible assets. There are several different quantitative models which are which are being used currently to value patents. The existing methods can not be used to objectively compare patents with one another. It is necessary to build a method that can be applied systematically to different patents in various contexts to achieve symetrical evaluations. This dissertation project will be focused on building a model to produce a score for European Patents indicative of their statistical survivability. The model will predict which patents will be maintained based on objective criteria that correlate with historical maintenance of previous patents. The model will examine different factors that have a statistically significant correlation to either higher or lower survivability or abandonment rates. Examples of the factors to be considered include: prior art citations, disclosure, claims, prosecutions, forward citing, ownership and others. This project will produce a model which indicates the statistically survivability of European Patents in terms of a qualitative score which gives an indication of how valuable a patent will be in terms of it's survivability in a legal landscape. This model will then be extended by research currently underway at the Max Planck Institute, to a more comprehensive model that takes additional variables into account, but this is 2 outside the scope of this project. The extension of this system is to encompass the technological, financial and business strategic and legal landscapes. This project contributes towards a system that will help determine the value of a company's Intellectual Property, allowing these intangible assets to be disclosed to shareholders as required by the new International Financial Reporting Standards in Europe.

Includes bibliographical references.

The dissertation addresses the legal conflict which is related to the legitimacy of comparative advertising. The national legal system has the task to balance antagonistic interests of trademark proprietors, advertisers, consumers and the public at large. The thesis examines the South African, the European and the German legal system implemented a legal balance and presents consequences, commonalities and differences. After starting with an historical overview on comparative advertising in South Africa and the Advertising Standards Authorities' self-regulating system, the Common law of Unlawful Competition will be addressed with regard to its influences on comparative advertising. Further, the thesis deals with the South African Trade Mark Act and its interpretation of infringement in terms of comparative advertising. Also considering European jurisdiction will be considered. The European approach on trade marks and comparative advertising will be presented as it leads to the German approach on comparative advertising and served as inspiration for the South African Trade Marks Act. The manner of implementation of European Directives influencing comparative advertising in German national law will be examined. Hereby, the distinctive characteristics which are required for comparative advertising as well as the special statutory mentioned cases in which it is unlawful will be presented. The high level of legal differentiation shall be emphasized since this may lead to differences compared to the South African law. Finally, I will compare how South African law and German law approach the subject comparative advertising. Especially the influences of Common law and statutory law on unlawful competition will be compared and evaluated. It shall be presented which consequences can arise out of different systematic approaches in this field of law. Additionally, the differences in the legal approaches on trade mark infringement will be highlighted in respect of presenting whether they cause actual consequences for the final legal valuation of comparative advertising. Furthermore, the commonalities concerning the purpose of encouraging comparative advertising will be addressed.