This thesis examines procedural litigation problems arising when two parties have a conflict involving the same patent or design, with an impact in several jurisdictions, taking as a case study the litigation procedures of Apple and Samsung. The thesis asks whether this type of dispute is best resolved through a single procedure. If so, what would be the circumstances surrounding such procedure in terms of jurisdiction, applicable law, preliminary injunctions and enforcement of the decisions? It first identifies the problems related to the type of dispute when taking parallel actions in different National Courts. Then it examines the European litigation procedure of patents and designs and assesses how this system addresses the inconsistency of the national litigation regime. It argues that in relation to patents, the Unitary Patent Court (UPC) has the potential to solve some of the problems identified in the thesis and that a similar unitary system should be extended to disputes involving designs. However, in the absence of an effective international court system outside the EU for global disputes, it suggests that a single arbitration procedure is still needed. The thesis identifies the main legal barriers to an arbitration procedure as being: bringing the parties to arbitrate, the arbitrability of the dispute, the identification of applicable law and the need for preliminary injunctions. It is concluded that: the agreement to arbitrate should be facilitated by the authorities so that it is appealing to the parties; the arbitrability can be resolved by limiting the effect of the judgment to the parties; a flexible approach can be adopted to applicable law through the application by the arbitrator of ‘choice of law’ rules; and, even when a preliminary injunction is needed, the parties may recur to arbitration. The thesis concludes that the primary benefit of a single arbitration procedure would be the creation of a single award enforceable at international level.

<p> Society&rsquo;s progression through the digital streaming age has created a music licensing landscape of grave concern to all stakeholders in the industry. These drastic changes have occurred under an outdated legal framework. This paper will recommend a comprehensive reform to our copyright law to uphold the intentions of copyright in the modern, digital age of today. By looking at the history of copyright and its evolution, one can assess how Congress has been tasked with establishing a fair market value for music by promoting the public interest and fairly compensating copyright owners. This will lead to an evaluation and comparison of those methods used to determine fair market value for creative works that will be the basis of the recommendation used to modernize copyright law. This recommendation will comprehensively provide for equitable treatment for all parties in the streaming age through its totality, additional reforms, and alternative ideas.</p>

No description available.

Currently there are approximately 20,000 valid gene patents in the United States. The debate regarding biotechnology and patent law has reached a pinnacle over the patentability of genes. Biotech is fighting a patentability war on two fronts. The Court of Appeals for the Federal Circuit cannot agree regarding the touchstone of patentability for genes; two branches of the Executive are at odds over whether gene sequences qualify under 35 U.S.C. &sect;101. Recent U.S. Supreme Court and Federal Circuit jurisprudence also undermine the patentability of genes as obvious. This thesis argues that the patentable subject matter debate fails to adequately address the goals of patent policy in fostering innovation. Looking to Canadian and U.K. jurisprudence, it is possible to hone an approach to obviousness that addresses the ethical and research concerns in the patentable subject matter debate while fostering investment and patent protection for non-obvious biotech discoveries.

<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>

No description available.

<p> This Dissertation investigates the relationship between patent quality and company performance for a sample from the US Biotechnology and Pharmaceutical Industry. The methodology devised comprehensively examines patent worth (patent&rsquo;s references), patent protection (claims and family patents) and patent quality (references, claims and family patents) to determine their implications on firm leverage (SE, TA), profits (ROE, ROA), and market value (B/M, MCap). The selected sample comprises 1,536 companies, and 285,000 patents from 1999 to 2009. The results show that total revenue just responds to changes in R&D; intensity, and patenting intensity. A 10 percent increase in patent value results in a corresponding increase rate on the market capitalization index for the full sample and a 14 percent increase for the chemicals and allied products group (SIC 28). Increases (10%) in patent protection and quality present average increases of 15 percent on market capitalization for the full sample and 8 percent for the chemicals and allied products group (SIC 28). The medical devices group (SIC 38) results suggest that Mcap increases 10 percent by the same increase in patent value index. Patent protection and quality increases (10%) suggest an average 8 percent increase in Mcap. Results suggest that profits, leverage and market indices respond differently to 10 percent increases in patent value, patent protections and patent quality. The aforementioned effects suggest that the qualitative indexes follow company related market activities and business valuations for the chemical and allied products, and medical devices industrial sectors.</p>

Magister Legum - LLM / Many critics have questioned whether the protection of the IPRs would benefit developing countries. It was argued in this paper that developing countires have the interest in protecting IPRs as well. However, it was showed that the benefit of this protection can be realized only if there is a fair rule of the game to all players in the multilateral trading system. The general objective of this research was to examine the current status of IPRs protection and the levels of TRIPS compliance by Rwanda in the area of copyright. / South Africa

The focus of this thesis is the analysis of the relation of the patent law legislation and the regulatory law covering all types of stem cells. In the first part all types of stem cells are identified and a variety of issues connected to several types of stem cell is addressed in subsequent parts. Nevertheless, due to the controversy of the ES cells and in particular the human ones, the major part of the thesis discuses and analyses a regulation and case law relating to human ES stem cells. In order to analyse the relationship, the thesis focuses on the prerequisites in the morality clause of the patent law and identifies basic types of regulatory systems. Other conditions of the patentability are therefore not discussed by the thesis and the third part covering patent law focuses exclusively on the role of morality clause and the question of a scope of subject matter to be evaluated in respect to inventions relating to stem cells. In order to cover and analyse the relationship, the author finds crucial to analyse the morality clause in Article 53 (a) EPC, Rule 28 EPC and Article 6 Biotech Directive to get a more comprehensive understanding of the topic and therefore the harmonized legislation of patent law morality exclusions in Europe is the key part of the thesis. Conversely, as the regulatory legislation is harmonized at neither international level nor European one, a brief overview of national regulatory systems is presented in the part 4 of the thesis. However, due to wide range of approaches differing significantly among the countries only common characteristics of basic approaches are presented without the necessity to cover national legislations in details. An exception is made in respect to the regulatory legislation of the Czech Republic which is presented as a model example of one the approaches in order to provide a practical example of the relation of the patent law and the regulatory law.

Although the patent systems of the United States and Europe have become continuously more similar their underlying legal philosophy continues to be different. This study examines how the two patent philosophies emerged out of different social situations and why and how patent systems can develop similar formal arrangements without experiencing a similar harmonization of underlying philosophy. As patent laws are historically unique to western culture it provides a lens through which to observe its relative social appreciation of industry, technology, commerce, and the role of the law. This study argues that the two separate 'patent philosophies' emerged as results of unique historical situations and that the reason as to why they have been able to maintain their distinct natures is that a similar ideological pressure has not been present since. The patent law of the United States, which is based on an 'inventor philosophy', was the product of the ideological currents of the movement toward American independence. This philosophy is friendly to inventors and entrust them with all responsibility over their inventions. Its individualistic and democratic character resonated well with the country's anti-colonial and anti-monarchical political campaign. A similar ideological pressure to revise fundamental opinions on technology and law has not emerged since. Virtually all European nations are today part of the European Patent Organization which administers the world's only true regional patent office. This European system is based on an 'invention philosophy' which was designed in the late 19th century by German industrialists. This philosophy is anti-monopoly and sees the State as a guardian of the public benefits which arise from technological novelties. Due to German industrial efficiency, it was used to model European patent law. Although both philosophies have proved viable, the case of patent law suggests that the role of legal philosophy must be reduced. Apart from being crucial in the creation of a new legal system, this study argues for the need to drastically reconsider the relationship between substantive and formal law. Both patent philosophies have consistently lost importance over time to the point where they today support two formally very similar systems.