Patent Exhaustion and International Trade Regulation

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Patent Exhaustion and International Trade Regulation

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.

Table of Contents

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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