In the last two decades, accelerating technological progress, increasing economic globalization and the proliferation of international agreements have created new challenges for intellectual property law.
In this collection of articles in honor of Professor Joseph Straus, more than 60 scholars and practitioners from the Americas, Asia and Europe provide legal, economic and policy perspectives on these challenges, with a particular focus on the challenges facing the modern patent system. Among the many topics addressed are the rapid development of specific technical fields such as biotechnology, the relationship of exclusive rights and competition, and the application of territorially limited IP laws in cross-border scenarios.
|Publisher:||Springer Berlin Heidelberg|
|Series:||MPI Studies on Intellectual Property and Competition Law , #6|
|Product dimensions:||6.60(w) x 9.40(h) x 2.30(d)|
Table of ContentsSubstantive Patent and Utility Model Law.- Prior Art from the Internet – A Potential Further Reason for Branching off a Utility Model from a Pending Patent Application.- Registration without Examination: The Utility Model – A Useful Model?.- Nonobviousness in German Patent Nullity Proceedings.- Tax Strategy Patents – a Tax Lawyer's View.- Protection of Scientific Creations under Patent and Copyright Law.- Personal Rights of Inventors in the Polish Legal System.- The Priority Right in Patent Law – Use and Misuse?.- Limitations to Intellectual Property Protection.- The Experimental Use of the Patented Invention: A Free Use or an Infringing Use?.- Interpreting Exceptions in Intellectual Property Law.- A Study on Patent Compulsory License System in China – With Particular Reference to the Drafted 3rd Amendment to the Patent Law of the P.R. of China.- Compulsory Licensing in Chinese Patent Law.- Intellectual Property and Competition (Antitrust) Law.- Deceptive Conduct in the Patent World – A Case for US Antitrust and EU Competition Law?.- Intellectual Property and Article 82 EC.- Patents and Standards: The Antitrust Objection as a Defense in Patent Infringement Proceedings.- Biotechnology, Pharmaceuticals, and Patent Law.- The Inadequacies of the Section 271 (e)(1) Jurisprudence of the United States Supreme Court.- Legal and Moral Reflections on Modern Biotechnology in Use & Misuse.- Biotechnological Patenting and Innovation.- Circumventing the Debate over State Policy and Property Rights: Section 3(d) of the Indian Patents Act Law.- Medical Use Claims: EPC 2000 and its Impact on Prosecution and Enforcement.- Purpose and Limits of the Exclusion from Patentability of Medical Methods, Especially Diagnostic Methods.- Special Legislation for Genetic Inventions – A Violation of Article 27(1) TRIPS?.- Employee Invention Law.- Effects of the German Law on Employees' Inventions when Posting Employees Within the European Union.- The Finnish 2006 Act on University Inventions – The Road Map to Identifying, Protecting and Utilizing Patentable Research Results.- University Employee Inventions in Scandinavian and Finnish Law.- Procedure, Enforcement, and Liability.- Patent Trolls – Menace or Myth?.- Liability 2.0 – Does the Internet environment require new standards for secondary liability? An overview of the current legal situation in Germany.- Can China be Forced to Enforce IP Rights?.- Trade Secrets and Patent Litigation.- Reflections on the German Patent Litigation System.- Enforcement of Unfair Competition Law by Notice of Violation, Rights of Consumers and Public Authorities – Comparative Evaluation of the German Status Quo.- Two Major and Long-Lasting Patent Law Issues in Japan.- Intellectual Property Rights and Arbitration – Miscellaneous.- Harmonizing Patent Infringement Damages: A Lesson from Japanese Experiences.- The Inescapable Trap – A Case for Reconsideration?.- Patents without Injunctions? – Trolls, Hold-ups, Ambushes, and Other Patent Warfare.- Protecting Technology against Unfair Competition.- (No) Freedom to Copy? Protection of Technical Features under Unfair Competition Law.- Reverse Engineering: Unfair Competition or Catalyst for Innovation?.- Multijurisdictional Aspects of IP.- Negotiations on the Accession to the EU and the Harmonization of Intellectual Property with the acquis communautaire in Light of Globalization.- Cross-border Injunctions in Patent Litigations Following the ECJ Decision in GAT v. LuK – Life after Death?.- Contractual Liability of the Seller Due to Third Parties' Patents and Other IP Rights under German Law and the UN Convention on Sales Contracts.- The Principle of National Treatment in the International Conventions Protecting Intellectual Property.- The Extraterritorial Reach of Patent Law.- Synergies Created by International Cooperation in the Patent Area?.- Patents in Europe and their Court – Is there Light at the End of the Tunnel?.- Patents and Developing Countries.- Territorial Intellectual Property Rights in a Global Economy – Transit and Other ‘Free Zones’.- Recent Developments in National IP and Competition Legislation.- The Spanish Patent System: Future Outlook.- Incorporation of Patent Law into Part Four of the Russian Civil Code – A Structural Analysis.- The Quiet Revolution in American Copyright Law.- Some Remarks On the Third Revision Draft of the Chinese Patent Law.- Some Critical Remarks Concerning the Act on the Protection of Competition of the Republic of Serbia.- Intellectual Property and Public Policies.- Secrecy and the Evolution of an Early Patent System.- Legal Protection of Cultural Heritage in a World of Intellectual Property Rights.- Woolly Lines in Intellectual Property Law.- Economic Perils of U.S. Patent Reform: Flexibility's Achilles Heel.- The Need for Climate Improvement in Intellectual Property Law.- The Patent System – Not More than an Instrument of Public Policy.- Patents and the Economic Incentive to Invent.- The Patent Reform Act and Recent U.S. Supreme Court Decisions – A Correction of the Intellectual Property Policies?.- The Impact of the Amendments of the Chinese Patent System on the Technological and Economic Progress in China.