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Patent Exhaustion and International Trade Regulation

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Patent Exhaustion and International Trade Regulation

Name: Patent Exhaustion and International Trade Regulation
Brand: Brill Nijhoff
SKU: 9789004542808
Price: 1875.30 HKD
Availability: InStock
Author: Santanu Mukherjee
ISBN: 9789004542808

By Santanu Mukherjee

Brill Nijhoff March 2023

Specifications

ISBN-13: 9789004542808
Publisher: Brill Nijhoff
Publication: March 2023
Format: Hardback
Jurisdiction: Netherlands ? Countri(es) for reference only

Details

This book dives into the legal and economic rationale of patent exhaustion, studying its evolution from the beginning in Germany, UK and USA, to Japan and 10 developing countries. The author also analyses exhaustion under TRIPS, GATT, GATS and major regional agreements, including the EU, before assessing the interface of patent exhaustion with competition policy. The book also addresses public policy concerns of Least developed and developing countries linked to their IPR challenges as IP users. It concludes that an appropriate exhaustion mode under relevant legal measures would protect patents while also restraining patents to become non-tariff barriers.The open access publication of this book has been published with the support of the Swiss National Science Foundation.

Foreword

Preface

Acknowledgments

List of Figures and Table Abbreviations and Acronyms

Introduction

Part 1: Patents and Exhaustion

1. Intellectual Property Rights and Patents

2. Ubiquity and Exhaustion Doctrine: Ubiquity in Patents

3. Economics of Patents and Economic Rationale for Exhaustion in Relation to International Trade

4. Evolution of Exhaustion: Patent Exhaustion in Different Jurisdictions

5. Exhaustion and Parallel Trade: Patent Exhaustion

Part 2: Multilateral and Regional Trade Regulations and Patent Exhaustion

6. TRIPS Agreement: The Negotiating History of the trips Agreement and Patent Exhaustion

7. GATT 1994 and Exhaustion

8. General Agreement on Trade in Services and Its Interface with Patent Exhaustion

9. Free Trade Agreements and Exhaustion: Different Regional Trade Agreements

Part 3: Policy Dimensions of Patent Exhaustion

10. Patents and Public Health: Patents and Access to Medicines - The Exhaustion Dimension

11. Exhaustion and Competition Policy: Patent Exhaustion and Its Relation with Competition Law and Policy

12. Conclusion and Recommendation: Adoption of International Exhaustion of Patents, Globally

Bibliography

Legal Texts and wto Documents

List of Cases

Websites

Index

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Table of Contents

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