Patent Law in Global Perspective

Hardcover | April 10, 2014

EditorRuth L. Okediji, Margo A. Bagley

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Patent Law in Global Perspective addresses critical and timely questions in patent law from a truly global perspective, with contributions from leading patent law scholars from various countries. Offering fresh insights and new approaches to evaluating key institutional, economic, doctrinal,and practical issues, these chapters reflect critical analyses and review developments in national patent laws, efforts to reform the global patent system, and reconfigure geopolitical interests.Professors Ruth L. Okediji and Margo A. Bagley bring together the first collection to explore patent law issues through the lens of economic development theory, international relations, theoretical foundations for the patent law system in the global context, and more. Topics include: the role ofpatent law in economic development; the efficacy of patent rights in facilitating innovation; patents and access to medicines; comparative patentability standards (including subject matter eligibility for biotechnology and software inventions); limitations and exceptions to patent scope andprotection (including exhaustion, compulsory licensing, and research exceptions); patents on plants and other living organisms; and the impact of emerging economies on global patent system governance. The contributors provide a wealth of original insight and thought-provoking discussion that will beof great interest and benefit to scholars, policymakers, and practitioners alike.

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Patent Law in Global Perspective addresses critical and timely questions in patent law from a truly global perspective, with contributions from leading patent law scholars from various countries. Offering fresh insights and new approaches to evaluating key institutional, economic, doctrinal,and practical issues, these chapters reflect ...

Ruth L. Okediji is the William L. Prosser Professor of Law at the University of Minnesota Law School. She is widely recognized as one of the foremost experts on the international intellectual property system, its intersection with multilateral trade regimes, and implications for economic development. Her scholarship focuses on the nee...

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Format:HardcoverDimensions:736 pages, 9.25 × 6.12 × 0.98 inPublished:April 10, 2014Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199334277

ISBN - 13:9780199334278

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Table of Contents

AcknowledgmentsPrefaceIntroductionTable of Abstracts1. Ruth L. Okedijii: Public Welfare and the International Patent SystemPart I - Global Patent Law and the Political Economy of Harmonization2. Rochelle C. Dreyfuss: Intellectual Property Lawmaking, Global Governance, and Emerging Economies3. Arti K. Rai: US Executive Branch Patent Policy, Global and Domestic4. Gregory Shaffer and Susan K. Sell: Transnational Legal Ordering and Access to Medicines5. Graham Dutfield: The Limits of Substantive Patent Law HarmonizationPart II - Global Approaches to Subject Matter Standards and Eligibility6. Margo A. Bagley: Patent Barbarians at the Gate: The Who, What, When, Where, Why and How of U.S. Patent Subject Matter Eligibility Disputes7. Dan L. Burk: Patent Law's Problem Children: Software and Biotechnology in Transatlantic Context8. Mark D. Janis: Patenting Plants: A Comparative Synthesis9. Matthew Fisher: Enablement and Written DescriptionPart III - Patents, Institutions, and Innovation Pathways10. Peter Drahos: Indigenous Developmental Networks and the Non-developmental State: Making Intellectual Property Work for Indigenous People without Patents11. Shobita Parthasarathy and Alexis Walker: Observing the Patent System in Social and Political Perspective: A Case Study of Europe12. John R. Thomas: Toward a Theory of Regulatory ExclusivitiesPart IV - Exceptions and Limits to Patent Protection13. Esther van Zimmeren and Geertrui van Overwalle: A False Sense of Security Offered by Zero-Price Liability Rules? Research Exceptions in the United States, Europe, and Japan in an Open Innovation Context14. Christopher Heath: Exhaustion and Patent Rights15. Cynthia M. Ho: A New Approach to the Compulsory License Conundrum16. Mor Bakhoum: Balancing "Incentive to Innovate" and "Protection of Competition" An African Perspective on Intellectual Property Rights and Competition LawPart V - TRIPS Compliance, Patent Enforcement, and Patent Remedies17. Daniel Gervais: Patentability Criteria as TRIPS Flexibilities: The Examples of China and India18. Feroz Ali Khader and Srividhya Ragavan: Proof of Progress: The Role of the Inventive Step/Non-obviousness Standard in the Indian Patent Office19. Shamnad Basheer, Jay Sanklecha and Prakruthi Gowda: Pharmaceutical Patent Enforcement: A Development Perspective20. Thomas F. Cotter: A Research Agenda for the Comparative Law and Economics of Patent Remedies21. Nuno Pires de Carvalho: The Rule of Patent Law (RPL) as Established by the TRIPS Agreement and Its Role of Promoting Trade Rather than InventionIndex