Zugleich: Diss. Giessen, 2008. / Register. Literaturverz.

"August 2000" Includes bibliographical references (leaves 115-118) and index of inventors 1. Introduction, overview of years 1836-1886 -- 2. The Patent Act, no. 18, of 1859 -- 3. The Provisional Registration of Patents Act, no. 3, of 1875 -- 4. The Patent Act, no. 78, of 1877 -- 5. Numerical list of inventions

The Law of Technological Innovation established the obligation of Institutions of Science and Technology (ICTs) has a Center for Technological Innovation (NIT) to manage its innovation policy. The creation of NITs resulted in the growth of the number of requests for protection of Intellectual Property (IP) derived from Brazilian universities. The Federal University of Reconcavo of Bahia (UFRB), despite having existed Coordination of Science and Technological Innovation in 2006 and an NIT since 2007, its innovation policy was not enhanced enough to strengthen the culture of IP protection in technology transfer (TT) and the approach the University with the industrial sector. This study aimed to map and proposes strategies to enhance the protection of Intellectual Property and Technology Transfer (IP&TT) in UFRB. Thus, we carried out a literature survey to identify strategies already used by other institutions, desk research to identify the strategies adopted by UFRB to consolidate its innovation policy, a survey of scientific and technological production to develop indicators that production and identify their potential in Research, Development and Innovation, and finally, the application of semi-structured interviews with managers UFRB to analyze the perception of these managers on innovation policy of the University. It was found that the UFRB scientificize has a production of 407 publications (between 2006 and 2012) and a technological production of 11 patents in the National Institute of Industrial Property that period. On its policy of innovation, UFRB tries to establish it since 2006, but has trouble finding its intensification as, for example, lack of trained human resources, the difficulty of inserting a culture of protection of IP rights among academics and the gap with the business sector. Whereas the number of projects covered by the Scholarship Program Started in Technological Development and Innovation (PIBITI) reached 56 and the defenses of dissertations and theses reached the number of 252 performances, UFRB has a scientific productivity that has not been protected by IP rights and could have resulted in many products, processes or services with innovative potential. In 2014, despite the creation of the Coordination of Creation and Innovation (CINOVA), is additionally necessary to adopt other strategies to strengthen innovation policy at the University such as the creation of a Commission of IP&TT; expansion in the number of servers and; actions to enhance the culture of IP&TT between academics and businesses; the inclusion, at undergraduate and postgraduate, discussions on IP rights and; monitoring of projects with innovative potential. / A Lei de Inovação Tecnológica estabeleceu a obrigatoriedade das Instituições de Ciência e Tecnologia (ICTs) dispor de um Núcleo de Inovação Tecnológica (NIT) para gerir sua política de inovação. A criação dos NITs resultou no crescimento do número de pedidos de proteção da Propriedade Intelectual (PI) proveniente de universidades brasileiras. Na Universidade Federal do Recôncavo da Bahia (UFRB), apesar de ter existido a Coordenação de Ciência e Inovação Tecnológica já em 2006 e um NIT desde 2007, sua política de inovação não foi intensificada o suficiente para fortalecer a cultura de proteção da PI, de transferência de tecnologia (TT) e a aproximação da Universidade com o setor industrial. O presente estudo teve como objetivo mapear e propor estratégias para intensificar a proteção da Propriedade Intelectual e a Transferência de Tecnologia (PI&TT) na UFRB. Dessa forma, fez-se um levantamento bibliográfico para identificar estratégias já utilizadas por outras instituições, uma pesquisa documental para identificar as estratégias adotadas pela UFRB para consolidar sua política de inovação, um levantamento de sua produção científica e tecnológica para elaborar indicadores dessa produção e identificar seu potencial em Pesquisa, Desenvolvimento e Inovação e, por fim, a aplicação de entrevistas semiestruturadas com gestores da UFRB para analisar a percepção desses gestores sobre a política de inovação da Universidade. Verificou-se que a UFRB tem uma produção cientificar de 407 publicações (entre 2006 e 2012) e uma produção tecnológica de 11 patentes depositadas no Instituto Nacional de Propriedade Industrial nesse período. Sobre sua política de inovação, a UFRB tenta estabelecê-la desde 2006, mas vem encontrando problemas para sua intensificação como, por exemplo, a falta de recursos humanos capacitados, a dificuldade de inserir uma cultura de proteção dos direitos de PI entre os acadêmicos e o distanciamento com o setor empresarial. Considerando que o número de projetos contemplados pelo Programa Institucional de Bolsas de Iniciação em Desenvolvimento Tecnológico e Inovação (PIBITI) chegou a 56 e as defesas de dissertações e teses atingiu o número de 252 apresentações, a UFRB tem uma produtividade científica que não tem sido protegida por direitos de PI e poderia ter resultado em muitos produtos, processos ou serviços com potencial inovador. Em, 2014, apesar da criação da Coordenação de Criação e Inovação (CINOVA), adicionalmente é preciso adotar outras estratégias para fortalecer a política de inovação na Universidade como: a criação de uma Comissão de PI&TT; ampliação do quadro de servidores e; ações para intensificar a cultura de PI&TT entre os acadêmicos e empresas; a inclusão, na graduação e na pós-graduação, de discussões sobre direitos de PI e; acompanhamento dos projetos com potencial inovador.

This dissertation is a historical evaluation of the movement of the English courts from the doctrine of pith and marrow to the Catnic test in the determination of non-textual infringement of patents. It considers how and why the doctrine was replaced with the Catnic test. It concludes that this movement occurred as a result of the adoption by a group of judges of literalism in the construction of patents while another group dissented and maintained the correct application of the doctrine. Although the Court of Appeal and the House of Lords initially approved the literalist approach, they, after realising its untennability, adopted the dissenters’ approach, but, ultimately, adopted the Catnic test in which features of the dissenters’ approach were included. The dissertation concludes that the doctrine of pith and marrow, correctly applied, should have been retained as the Catnic test creates uncertainty and confusion. / Mercantile Law / LL.M.

This dissertation is a historical evaluation of the movement of the English courts from the doctrine of pith and marrow to the Catnic test in the determination of non-textual infringement of patents. It considers how and why the doctrine was replaced with the Catnic test. It concludes that this movement occurred as a result of the adoption by a group of judges of literalism in the construction of patents while another group dissented and maintained the correct application of the doctrine. Although the Court of Appeal and the House of Lords initially approved the literalist approach, they, after realising its untennability, adopted the dissenters’ approach, but, ultimately, adopted the Catnic test in which features of the dissenters’ approach were included. The dissertation concludes that the doctrine of pith and marrow, correctly applied, should have been retained as the Catnic test creates uncertainty and confusion. / Mercantile Law / LL. M.

Despite the adoption of the Doha Declaration on the TRIPS Agreement and Public Health in 2001, which unequivocally affirmed WTO members’ rights to use compulsory licences and other TRIPS flexibilities to access medicines, thirteen years on, developing countries and least developed countries are still grappling with access to medicines issues and a high disease burden. Despite some well researched and eloquent arguments to the contrary, it is a trite fact that patents remain an impediment to access to medicines by encouraging monopoly prices. The WTO TRIPS Agreement gives members room to legislate in a manner that is sympathetic to access to affordable medicines by providing for exceptions to patentability and the use of patents without the authorisation of the patent holder (TRIPS flexibilities). This study focuses on access to medicines under the TRIPS Agreement from a SADC comparative perspective by interrogating the extent of the domestication of TRIPS provisions promoting access to medicines in the SADC region with specific reference to Botswana, South Africa and Zimbabwe. After establishing that all SADC members, including Seychelles which is yet to be a WTO member have intellectual property (IP) laws in their statute books, this study confirms that while most of the IP provisions may be used to override patents, they are currently not being used by SADC members due to non-IP reasons such as lack of knowledge and political will. The study also engages in comparative discussions of topical occurrences in the context of access to medicines litigation in India, Thailand and Kenya and extracts useful thematic lessons for the SADC region. The study’s overall approach is to extract useful lessons for regional access to medicines from the good experiences of SADC members and other developing country jurisdictions in the context of a south-south bias. The study draws conclusions and recommendations which if implemented will in all likelihood lead to improved access to medicines for SADC citizens, while at the same time respecting the sanctity of patent rights. The study recommends the adoption of a rights-based approach, which will ultimately elevate patient rights over patent rights and urges the region to consider using its LDCs status to issue compulsory licences in the context of TRIPS Article 31 bis while exploring the possibility of local pharmaceutical manufacturing to produce generics, inspired by the experiences of Zimbabwe and current goings on in Mozambique and the use of pooled procurement for the region. The study embraces the rewards theory of patents which should be used to spur innovation and research into diseases of the poor in the SADC region. Civil society activity in the region is also identified as a potential vehicle to drive the move towards access to affordable medicines for all in the SADC region. / Mercantile Law / LL.D.

Abstract not available

Despite the adoption of the Doha Declaration on the TRIPS Agreement and Public Health in 2001, which unequivocally affirmed WTO members’ rights to use compulsory licences and other TRIPS flexibilities to access medicines, thirteen years on, developing countries and least developed countries are still grappling with access to medicines issues and a high disease burden. Despite some well researched and eloquent arguments to the contrary, it is a trite fact that patents remain an impediment to access to medicines by encouraging monopoly prices. The WTO TRIPS Agreement gives members room to legislate in a manner that is sympathetic to access to affordable medicines by providing for exceptions to patentability and the use of patents without the authorisation of the patent holder (TRIPS flexibilities). This study focuses on access to medicines under the TRIPS Agreement from a SADC comparative perspective by interrogating the extent of the domestication of TRIPS provisions promoting access to medicines in the SADC region with specific reference to Botswana, South Africa and Zimbabwe. After establishing that all SADC members, including Seychelles which is yet to be a WTO member have intellectual property (IP) laws in their statute books, this study confirms that while most of the IP provisions may be used to override patents, they are currently not being used by SADC members due to non-IP reasons such as lack of knowledge and political will. The study also engages in comparative discussions of topical occurrences in the context of access to medicines litigation in India, Thailand and Kenya and extracts useful thematic lessons for the SADC region. The study’s overall approach is to extract useful lessons for regional access to medicines from the good experiences of SADC members and other developing country jurisdictions in the context of a south-south bias. The study draws conclusions and recommendations which if implemented will in all likelihood lead to improved access to medicines for SADC citizens, while at the same time respecting the sanctity of patent rights. The study recommends the adoption of a rights-based approach, which will ultimately elevate patient rights over patent rights and urges the region to consider using its LDCs status to issue compulsory licences in the context of TRIPS Article 31 bis while exploring the possibility of local pharmaceutical manufacturing to produce generics, inspired by the experiences of Zimbabwe and current goings on in Mozambique and the use of pooled procurement for the region. The study embraces the rewards theory of patents which should be used to spur innovation and research into diseases of the poor in the SADC region. Civil society activity in the region is also identified as a potential vehicle to drive the move towards access to affordable medicines for all in the SADC region. / Mercantile Law / LL.D.

During the last two decades, there have been a number of policy and legislative changes in respect of South Africa’s intellectual property (IP) and the national system of innovation (NSI). In 2012, a Ministerial Review of the Science, Technology and Innovation (STI) landscape in South Africa made recommendations to improve the STI landscape and effectively the national system of innovation. The study provides a critical review of drafts of the national IP policy published in 2013 as well as the IP Framework released in 2016 for public comment. The review of the IP and the NSI are within the context of the National Development Plan (NDP), which outlines South Africa’s desired developmental goals. South Africa is part of the BRICS group of countries (Brazil, Russia, India, China and South Africa). The South African economy is characterised by a desire to move away from being dependent on resources and commodities, to becoming a more knowledge based and innovation driven economy. It is hoped that such a move would assist the country to address some of the social and economic development challenges facing South Africa, as captured in the NDP. South Africa has a functioning IP system, but its relationship with South Africa’s development trajectory is not established. More particularly, the extent to which the IP system relates to the innovation system and how these two systems must be aligned to enable South Africa to transition successfully from a country based on the production of primary resources and associated commodity-based industries to a viable knowledge-based economy is unclear. The Trade-related Aspects of Intellectual Property Rights (TRIPS Agreement) of the World Trade Organisation (WTO) provides that IP must contribute to innovation and to transfer of technology and knowledge in a manner that is conducive to social and economic welfare. Certain provisions set out the foundations of intellectual property systems within the context of each member state. This study has thus explored the complex, complementary and sometimes contested relationships between IP and innovation, with particular emphasis on the potential of an intellectual property system to stimulate innovation and foster social and economic development. The study has also analysed the interconnectivity of IP and innovation with other WTO legal instruments, taking into account South Africa’s positioning within the globalised economy and in particular the BRICS group of countries. The research involved a critical review of South Africa’s IP and innovation policies, as well as relevant legislation, instruments, infrastructure, IP and innovation landscape, and relationship with international WTO legal instruments, in addition to its performance, given the developmental priorities and the globalised economy. The research documents patenting trends by South Africans using European Patent Office (EPO), Patent Cooperation Treaty (PCT), United States Patents and Trademarks Office (USPTO) databases over the period 1996-2015. A comparative analysis of patenting trends amongst BRICS group of countries has also been documented. The study also documents new findings, observations and insights regarding South Africa’s IP and innovation systems. Some of these, particularly in relation to higher education and research institutions, are directly attributable to the Intellectual Property Rights from Publicly Financed Research and Development Act. More particularly, the public institutions are becoming relevant players in the NSI and are responsible for growth of certain technology clusters, in particular, biotechnology. At the same time, the study makes findings of a decline of private sector participation in patenting as well as R&D investment over the 20-year period. Recommendations are included regarding specific interventions to ensure coherence between the IP and innovation systems. Such coherence and alignment should strengthen the systems’ ability to stimulate innovation and foster inclusive development and competitiveness, which are relevant for addressing South Africa’s socio-economic development priorities. / Mercantile Law / LL. D.

In 2001 the Declaration on the TRIPS Agreement and Public Health (‘Doha Declaration’), affirmed the right of member states of the World Trade Organisation (‘WTO’) to interpret and implement the TRIPS Agreement as supportive of the protection of public health and, in particular, access to medicines. While initially well-received, consternation soon arose over the interpretation of a specific paragraph in the Doha Declaration dealing with compulsory licensing. After a further two years of deliberation, the WTO Decision on the Interpretation of Paragraph 6 (‘Paragraph-6 Decision’) was announced in August 2003 specifying when countries can import drugs produced elsewhere under compulsory licence. With one third of the world's population is still denied access to essential medicines - a figure which rises to over 50 per cent in Asia and Africa - the problems facing the public health community are two-fold. The first is the capacity of developing countries (‘DCs’) actually to use the flexibilities afforded under the TRIPS Agreement, the Doha Declaration, and the Paragraph- 6 Decision amid stark inequalities in health resources and the world trading system as a whole. These include provisions for compulsory licensing, parallel importation, and addressing imbalances in research and development (‘R&D’). The pending ratification of the Paragraph-6 Decision, from an interim solution to a permanent amendment, is accompanied by considerable uncertainty: will the protections be accessible under the system currently proposed? The second problem concerns the undermining of the above hard-won flexibilities by provisions adopted under various bilateral and regional trade agreements. Known as ‘TRIPS-plus’- or ‘WTO-plus’- measures, the level of intellectual property rights (‘IPRs’) rights protection being negotiated and even adopted under other trade agreements are more restrictive as regards public health protection. These two sources of concern have led to an increase in rather than a lessening of tensions between the public health and trade policy communities. The thesis opens with a brief analysis of the interplay between patents and medicines. This includes an overview of the human rights framework and the right of access to medicines as a manifestation of human rights. The historical development of the TRIPS Agreement, its legitimacy, and the effect of the introduction of patents for pharmaceuticals are critically analysed. The terms of the Doha Declaration as it relates to public health, the Paragraph-6 Decision and its system, the December 2005 Amendment, and the progress made to date on the public health protections available under the TRIPS Agreement are reviewed and discussed in detail. The thesis describes how, despite these important clarifications, concerns as to the capacity of DCs to implement specific measures persist. This thesis further addresses the development of compulsory licensing in India and South Africa, and the legal framework for compulsory licensing in these countries. The role of competition law and constraints faced by DCs in implementing the flexibilities offered by the TRIPS Agreement and Doha Declaration are considered before turning to the threat posed by TRIPS-plus measures and calls for their critical reassessment. The thesis considers the role of the Intergovernmental Working Group on Public Health, Innovation and Intellectual Property (IGWG), the WHO Commission on IPRs, Innovation and Public Health (CIPIH), Patent Pools, and international and multilateral donors in access to medicines. The thesis concludes by reviewing potential ways forward to ensure that access to medicines by the poor living in DCs is secured in all trade agreements. / Mercantile Law / LL.D.