Different legal cultures are actually the most significant determinant to define the role of compulsory licensing, especially in the aspect of a remedy for anticompetitive conduct. Absence of specific guidance from Congress about how courts should issue a decree ordering a compulsory license, procompetitve outlook dominated policy makers’ opinions in the U.S. in the 1950’s. How to construct a purposive interpretation of Antitrust law also depends on the attitudes of policy makers, while surprisingly
Affiliation Date: Definitions Intellectual Property Definitions of intellectual property, its legal protections, and the impact of the moral justifications that exist in cyberspace Intellectual property defines a wide range of the property created by investors, artistes, authors, and musicians. The law governing intellectual property naturally includes the copyrights, trademarks, and patents law. Its main intention is to motivate the development of art, sciences, and information giving defined
travel among other countries and cultures, with great success. However, in business, it does not prove to be as much of a reliable phrase to live by. General practices of businesses can sometimes prove to be unethical, even though they are quite legal, or were simply unethical in their conduct and operations, with no remorse. Unethical practices by businesses have often been a catalyst in their demise. Hence, for business success, we might say, “When in business, practicing integrity is good business
The availability of patents for pharmaceutical products has been a huge controversy in the patent system over the years. The reason for this is that the necessary operating licenses of which the inventor will benefit cost an amount of money which maybe developing countries will not be able to afford. There are two approaches to follow in this debate, the legal side in which the law must be followed and the human side, in which the needs of people are taken into account regardless of other things
are final and not subject to appeal before the courts. In this respect, Article 5 of the UNCITRAL Model Law provides for minimal intervention, and says, “In matters governed by this Law, no court shall intervene except where so provided in this Law“. As a result, the grounds upon which a court may set aside an award or refuse to recognize and enforce the same are limited. Article 34 of the Model Law and Article V of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards
the power to issue patents and copyrights in order “to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries” (U.S. Const. art. I, § 8). A patent provides the inventor with an exclusive right to “use, license or sell and invention,” (U.S. Const. art. I, § 8), as such the product, service, process or design becomes the personal property of the inventor(s). The Patent Act of 1793 redefined
objectives of both the laws. In definition, IPR gives the owners an exclusive right to behave in a particular way, when competition law does everything in its power to keep the markets open. So then tension rises at which point does IPR become harmful and competition law should intervene and override IPR? Lionel Bentley and Brad Sherman have, in their book; "Intellectual Property Law” acknowledged that indeed there is tension between competition law and intellectual property law. While discussing the
3. International Trade Law Flexibilities and their Utilization in Africa Thirty-nine African states are in the WTO. These states have the duty to comply with the WTO treaties, which among others includes the TRIPS Agreement. The Agreement requires states to respect the rights of patent holders over their products. Accordingly, only the patent owner has an exclusive right to make, use, to offer for sale, sell, or import the product. Nevertheless, amendments to the TRIPS Agreement issued exceptions
the user who produces the patented substance or uses technology from liability of infringement. If a patentee applies for a patent for a newly discovered or an alienated substance, or a synergy of entities, she is not required to disclose the “know-how” to the public. Therefore, she can retain the information undisclosed as trade secrets. Ordinarily, companies use patent and trade secret protection together in a synergistic manner to enhance exclusivity as a common strategy. As a result, if the
are very important factors of FDI, while the degree of IPR protection is only one of them. Failure to work a patent failure to work a patent might be discussed under the context of article 7 of the TRIPS Agreement, as Professor Gervais indicates. A number of supporters of the local working requirement argue if the patentee would be entitled to a territorial legal monopoly, she should to contribute to the development of the industry in that territory as an act of reciprocity. Nonetheless