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Patent Exhaustion and International Trade Regulation

Patent Exhaustion and International Trade Regulation

Author: Santanu Mukherjee
Publisher: Brill Nijhoff
ISBN: 9789004542808
Published In: March 2023
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 1,875.30

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Description
Contents

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