Patents as an Incentive for Innovation

Author: Rafal Sikorski; Zaneta Zemla-Pacud
Publisher: Kluwer Law International
ISBN: 9789403524139
Published In: March 2021
Format: Hardback
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

Patents as an Incentive for Innovation is a trailblazing book that analyses in depth how patent law today performs its function of stimulating innovation in the vital sectors of healthcare, agriculture, artificial intelligence and communications technology. Patents are a reward for human inventiveness. An effective patent system must provide incentives for innovation, safeguard dynamic competition and protect the public interest – a balancing act fraught with difficulty in the ‘connected’ global world.

What’s in this book:

Patent specialists, practitioners and scholars from various jurisdictions assiduously illustrate how patent rights can be utilized to incentivize investments in researching and developing socially critical innovations without sacrificing the public’s interest in sharing the benefits that are yielded. The following issues of patent rights surfaced on investigation:

protectability and morality of according private rights over materials derived from the human body;
licensing on fair, reasonable and non-discriminatory (FRAND) terms;
the supplementary protection certificate (SPC) manufacturing waiver;
patent eligibility of artificial intelligence-related inventions;
excessive enforcement of patents by patent assertion entities;
enforcement of second medical use innovations;
the so-called farmer’s privilege, the farm-save seed exemption, and breeders’ rights;
international trade regulations and their influence on patent systems;
human enhancement technologies and the consequences of patenting them;
specifics of patent protection for biologic medicines;
challenges posed by artificial intelligence for the disclosure requirement in patent law; and
standard essential patent licensing, particularly in the context of the 5G standard.

Perspectives, such as protectability criteria, length and scope of the granted protection, mechanisms for dealing with the friction between generalized application and specialized concerns, and rights enforcement, were attended to by the authors. These aspects are analysed on the domestic, international and global levels.

How this will help you:

The COVID-19 pandemic has elucidated the urgent need to find a middle ground between innovation and access in healthcare and other technologies, a need rooted in patent law. Considering the problems discussed – and solutions offered – in this collection of expert essays are of tremendous practical and cultural significance, the book will prove to be invaluable to practitioners, policymakers and researchers in patent law and other fields of intellectual property law.

Editors

Contributors

Foreword: The Complex Terrain of Intellectual Property Governance
Rochelle Cooper Dreyfuss

Introduction
Rafal Sikorski & Z¿ aneta Zemla-Pacud

PART I
Patents and the Health Sector

CHAPTER 1
TRIPS and Post-TRIPS Trade Agreements and Their Impact on Innovation
Susy Frankel

CHAPTER 2
In Between Breakthrough and Incremental Innovation: Rethinking Pharmaceuticals’ Eligibility for IP Protection
Zaneta Zemla-Pacud

CHAPTER 3
Human Enhancement and Patent Law
Helena Zakowska-Henzler

CHAPTER 4
Do We Need Patent Protection for Biopharmaceuticals?
Marek Swierczynski

CHAPTER 5
Changing Approach to the Regulatory Testing Exemption in Patent Law: The European Union Perspective
Agnieszka Sztoldman

CHAPTER 6
Rethinking SPC Protection: Manufacturing Waiver as an Incentive for the Generic Sector or a Disincentive to Innovators?
Justyna Ozegalska-Trybalska

PART II
Patents and Plants

CHAPTER 7
Rethinking IP Protection for Plants? Revisiting the Exclusivity-Access Balance Through the Type-Token Ontology
Geertrui Van Overwalle

CHAPTER 8
Non-patent Legal Factors of Marketability in Plant Biotechnology in Europe
Tomasz Zimny

CHAPTER 9
The Farm-Saved Seed under the Community Plant Variety Rights System in the Light of the “Recommendation Relating to Article 15(2)” of the
UPOV Act of 1991 and Article 39(1)(a) TFEU
Juan Antonio Vives-Vallés

PART III
Patents and Artificial Intelligence

CHAPTER 10
AI Patents: Is There a Need to Rethink Patent Law?
Iga Balos

CHAPTER 11
Transparency in the Patent System: Artificial Intelligence and the Disclosure Requirement
Alfred Früh

CHAPTER 12
Artificial Intelligence, Novelty and Inventive Step: What Is the Impact of AI on Patent Law?
Peter R. Slowinski

PART IV
Patents and ICT Sector

CHAPTER 13
Over-Enforcement Practices by Patent Assertion Entities in Europe: The Practice of National Courts
Amandine Léonard

CHAPTER 14
Standard Essential Patents: Between Open Access and Rewarding Innovation
Dietrich Kamlah

CHAPTER 15
Should Standard Essential Patents Be Licensed to Makers of Components or Manufacturers of Final Products? A View from Competition Law Perspective
Rafal Sikorski