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Author: Alina Wernick Publisher: ISBN: 9783030722586 Category : Languages : en Pages : 0
Book Description
The patent system is based on "one-patent-per-product" presumption and therefore fails to sustain complex follow-on innovations that contain a number of patents. The book explains that follow-on innovations may be subject to market failures such as hold-ups and excessive royalties. For decades, scholars have debated whether the market problems can be solved with voluntary licensing i.e., open innovation, or with compulsory liability rules. The book concludes that neither approach is sufficient. On the one hand, incentives to engage in open innovation practices involving patents are insufficient. On the other hand, the existing compulsory liability rules in patent and competition law are not tailored to address follow-on innovator's interests. To transcend this problem, the author proposes a compulsory liability rule against the suppression of follow-on innovation, that paradoxically, fosters early-on voluntary licensing between patent holders and follow-on innovators. The book is aimed at patent and competition law scholars and practitioners, patent attorneys, managers, engineers and economists who either engage in open innovation involving patents or conduct research on the topic. It also offers insights to policy and law-makers reviewing the possibilities to foster open innovation initiatives or adapt the scope of patent remedies or employ compulsory licenses for patents.
Author: Alina Wernick Publisher: ISBN: 9783030722586 Category : Languages : en Pages : 0
Book Description
The patent system is based on "one-patent-per-product" presumption and therefore fails to sustain complex follow-on innovations that contain a number of patents. The book explains that follow-on innovations may be subject to market failures such as hold-ups and excessive royalties. For decades, scholars have debated whether the market problems can be solved with voluntary licensing i.e., open innovation, or with compulsory liability rules. The book concludes that neither approach is sufficient. On the one hand, incentives to engage in open innovation practices involving patents are insufficient. On the other hand, the existing compulsory liability rules in patent and competition law are not tailored to address follow-on innovator's interests. To transcend this problem, the author proposes a compulsory liability rule against the suppression of follow-on innovation, that paradoxically, fosters early-on voluntary licensing between patent holders and follow-on innovators. The book is aimed at patent and competition law scholars and practitioners, patent attorneys, managers, engineers and economists who either engage in open innovation involving patents or conduct research on the topic. It also offers insights to policy and law-makers reviewing the possibilities to foster open innovation initiatives or adapt the scope of patent remedies or employ compulsory licenses for patents.
Author: Alina Wernick Publisher: Springer Nature ISBN: 3030722570 Category : Law Languages : en Pages : 450
Book Description
The patent system is based on "one-patent-per-product" presumption and therefore fails to sustain complex follow-on innovations that contain a number of patents. The book explains that follow-on innovations may be subject to market failures such as hold-ups and excessive royalties. For decades, scholars have debated whether the market problems can be solved with voluntary licensing i.e., open innovation, or with compulsory liability rules. The book concludes that neither approach is sufficient. On the one hand, incentives to engage in open innovation practices involving patents are insufficient. On the other hand, the existing compulsory liability rules in patent and competition law are not tailored to address follow-on innovator's interests. To transcend this problem, the author proposes a compulsory liability rule against the suppression of follow-on innovation, that paradoxically, fosters early-on voluntary licensing between patent holders and follow-on innovators. The book is aimed at patent and competition law scholars and practitioners, patent attorneys, managers, engineers and economists who either engage in open innovation involving patents or conduct research on the topic. It also offers insights to policy and law-makers reviewing the possibilities to foster open innovation initiatives or adapt the scope of patent remedies or employ compulsory licenses for patents.
Author: Taina Pihlajarinne Publisher: Edward Elgar Publishing ISBN: 1803922745 Category : Law Languages : en Pages : 377
Book Description
The drastic impact of the COVID-19 pandemic highlighted many of society’s systemic inequalities. In this timely and prescient book, Taina Pihlajarinne, Jukka Tapio Mähönen and Pratyush Nath Upreti explore the importance of intellectual property rights (IPRs) post pandemic and argue for a pressing revision of the current IPR system to build a more globally sustainable and just regime.
Author: Helena Żakowska-Henzler Publisher: Edward Elgar Publishing ISBN: 1803920262 Category : Political Science Languages : en Pages : 267
Book Description
This innovative book explores the complex interplay between intellectual property for biotechnological innovations and human rights. Examining the clash between the drive to incentivise innovations that can fulfil human needs and the desire to grant global access to healthcare technologies, it presents thoughtful solutions to the challenges of protecting the human rights of all parties impacted by biotechnological patents and other relevant IP rights.
Author: OECD Publisher: OECD Publishing ISBN: 926421402X Category : Languages : en Pages : 282
Book Description
This report compares the performance of the French innnovation systems with that of other countries and presents the conclusions of interviews with 30 key actors in the French research and innovation system.
Author: Thorsten Käseberg Publisher: Bloomsbury Publishing ISBN: 1847319580 Category : Law Languages : en Pages : 279
Book Description
For decades, the debate about the tension between IP and antitrust law has revolved around the question to what extent antitrust should accept that IP laws may bar competition in order to stimulate innovation. The rise of IP rights in recent years has highlighted the problem that IP may also impede innovation, if research for new technologies or the marketing of new products requires access to protected prior innovation. How this 'cumulative innovation' is actually accounted for under IP and antitrust laws in the EU and the US, and how it could alternatively be dealt with, are the central questions addressed in this unique study by lawyer and economist Thorsten Käseberg. Taking an integrated view of both IP and antitrust rules – in particular on refusals to deal based on IP – the book assesses policy levers under European and US patent, copyright and trade secrecy laws, such as the bar for and scope of protection as well as research exemptions, compulsory licensing regimes and misuse doctrines. It analyses what the allocation of tasks is and should be between these IP levers and antitrust rules, in particular the law on abuse of dominance (Article 102 TFEU) and monopolisation (Section 2 Sherman Act), while particular attention is paid to the essential facilities doctrine, including pricing methodologies for access to IP. Many recent decisions and judgments are put into a coherent analytical framework, such as IMS Health, AstraZeneca, GlaxoSmithKline (in the EU), Apple (France), Orange Book Standard (Germany), Trinko, Rambus, NYMEX, eBay (US), Microsoft and IBM/T3 (both EU and US). Further topics covered include: IP protection for software, interoperability information and databases; industry-specific tailoring of IP; antitrust innovation market analysis; and the WTO law on the IP/antitrust interface.
Author: Karina R. Jensen Publisher: Emerald Group Publishing ISBN: 1837533962 Category : Business & Economics Languages : en Pages : 406
Book Description
Innovation Leadership in Practice provides a unique source of new insights on the role of innovation leadership and effective practices through conceptual models, empirical case studies, development interventions, and tools.
Author: Patrick Ndayizigamiye Publisher: Springer Nature ISBN: 3031284720 Category : Education Languages : en Pages : 336
Book Description
This book constitutes the refereed proceedings of the 12th International Development Informatics Association Conference, IDIA 2022, held in Mbombela, South Africa, in November 2022. The 20 revised full papers presented in this volume were carefully reviewed and selected from 61 submissions. The papers are organized in topical sections on theories and practices in digital-for-development ecosystems; emerging technologies for transformation, inclusion and sustainable development; privacy and security in digital-for-development ecosystems; human-computer interaction (HCI) for digital inclusion; artificial intelligence (AI) for good.
Author: Sebastian Gurtner Publisher: John Wiley & Sons ISBN: 1119389305 Category : Business & Economics Languages : en Pages : 208
Book Description
Provides managers with actionable insight into a select set of innovation constraints and how to best deal with them This PDMA Essentials Book, the third in this series, provides a framework of individual, organizational, and market and societal constraints that guides managers in identifying specific constraints related to their innovation activities and provides them with corresponding tools and practices to overcome and leverage those constraints. Written by a team of international innovation experts, Leveraging Constraints for Innovation: New Product Development Essentials from the PDMA is presented in three parts. The first part, Individual Constraints, provides insights into how to: simultaneously solve social and commercial needs for greater creativity; apply a multi-stage approach to overcome knowledge sharing in teams; and anticipate and account for psychographic differences among customers during product launch. In the second part, Organizational Constraints, insights emerge that provide guidance on how to: identify and solve for sources of innovation constraints within the company; implement and manage virtual NPD teams; and effectively organize new service development in professional services. The last part, Market Constraints, examines how to: adapt firm capabilities to overcome constraints preventing consumers in low-end and under-resourced markets from purchasing new products; implement inclusive innovation strategies to address markets constrained by underdeveloped infrastructures; develop solutions for women and other disadvantaged market traders in emerging markets. This book: Is a single comprehensive volume that covers the full spectrum of constraint-related strategies and techniques in a coherent, integrated fashion Provides a set of frameworks, techniques, and tools that can be immediately implemented by individuals across firms Offers how-to knowledge on specific tools and methods as applied to innovating products and services when facing constraints as well as for the development of new business models Integrates problem- and solution-based knowledge to enable companies to develop sustainable growth strategies by leveraging constraints and restrictions toward innovation strategies, processes and offerings Leveraging Constraints for Innovation: New Product Development Essentials from the PDMA is an ideal book for all product development professionals, including marketers, engineers, project managers, and business managers in both startups and well-established firms, and from a broad range of industries from heavy manufacturing to the service sector.