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Download Competition Law and Patents: A Follow-on Innovation by Irina Haracoglou PDF

By Irina Haracoglou

Utilizing the instance of study instruments in biopharmaceutical study and innovation, this publication examines the complexities of the connection among primary parts of legislation and coverage - highbrow estate rights and pageant legislations. It addresses a query that's absolute to develop into paramount in different industries additionally: tips on how to strike the stability among preliminary and follow-on innovation in order to make sure that entry to 'essential' learn instruments (or different basic parts to follow-on innovation) isn't impeded. The publication concludes through suggesting how festival legislations should be used to enrich the patent stability. pageant legislations and Patents caters for varied teams starting from people with a normal curiosity in pageant legislation, patent legislation and/or biopharmaceuticals, to scholars who are looking to know how pageant and highbrow estate paintings in perform (or to appreciate the interface among the 2 policies), and from practitioners and policymakers to humans in the biopharmaceutical itself.

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Extra info for Competition Law and Patents: A Follow-on Innovation Perspective in the Biopharmaceutical Industry (New Horizons in Competition Law and Economics)

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153–7, (4th edn 2003); P.  128–32. M. Mueller (2001) op. cit. 36 Hoffman-La-Roche Challenges Freedom of Researcher; List of ‘Infringers’ Includes Hundreds of Researchers and Dozens of Government-Supported Laboratories, Bus. Wire, 24 May (1995). M. Mueller (2001) op. ; B. Rubenstein, La Roche and Promega in Tug of War Over Enzyme; DNA-Testing Tool Patent at Issue, Corp. Legal Times, Jan. 1996, at 15. 38 Nuffield Report (2001) op. cit. 39 In addition, the narrow interpretation of some of the working solutions such as the experimental use exemption, aggravates the situation.

4. 71 J. Walsh and J. Cohen (2003) op. cit.  290. M. Mueller (2001) op. cit.  6–7. 18 Access as a necessary element of follow-on innovation? and the mechanisms available within the patent system to encourage wide licences and to reduce the problem of transaction costs in the area of research tools. Part II The patent balance and working solutions in the patent system 2. 1 The Patent Balance The patent system is an integrated means of addressing public policy concerns. It is concerned with encouraging the R&D of new intellectual products that would otherwise remain undeveloped or under-developed due to the ease of appropriability of knowledge and the difficulty in excluding others.

36 Hoffman-La-Roche Challenges Freedom of Researcher; List of ‘Infringers’ Includes Hundreds of Researchers and Dozens of Government-Supported Laboratories, Bus. Wire, 24 May (1995). M. Mueller (2001) op. ; B. Rubenstein, La Roche and Promega in Tug of War Over Enzyme; DNA-Testing Tool Patent at Issue, Corp. Legal Times, Jan. 1996, at 15. 38 Nuffield Report (2001) op. cit. 39 In addition, the narrow interpretation of some of the working solutions such as the experimental use exemption, aggravates the situation.

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