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Patent Pools, Competition Law and Biotechnology: Routledge Research in Intellectual Property

Autor Devdatta Malshe
en Limba Engleză Paperback – 30 iun 2020


Exploring the relationship between competition law and technology pools, this book provides general-purpose details of the biotechnology patent pool scheme while discussing historical developments, approaches of the US Department of Justice, Federal Trade Commission, and the European Union Competition Commission via EU regulations. In addition to these regulatory approaches and evolution in concept and theory of technology pools, this book illustrates relationship issues including tying arrangements and essential facility consideration vis-à-vis technology pools. It analyzes the modalities of forming such pools in the area of biotechnology, specifically illustrating that the formation of technology pools is possible and can be safely undertaken, and proposes a viable solution and structure.


Patent pools in the biotechnology industry will pave the way towards open collaborative research, reducing patent thickets. Formation of such pools will increase access to various technology and patents otherwise out of bounds, resulting in a reduction of licensing costs and a spur in the development of new solutions. Most importantly, such pools will reduce the frequency of patent toll gates, making the entire spectrum of research interesting from the perspective of researchers as well as investors. This book will be an aid to researchers studying intellectual property, patents, and biotechnology, as well as to interest groups including funding agencies, venture funds, angel investors, and proponents of the open-source movement.
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Specificații

ISBN-13: 9780367607036
ISBN-10: 0367607034
Pagini: 110
Dimensiuni: 138 x 216 mm
Greutate: 0.13 kg
Ediția:1
Editura: Taylor & Francis
Colecția Routledge
Seria Routledge Research in Intellectual Property

Locul publicării:Oxford, United Kingdom

Public țintă

Postgraduate

Cuprins

Contents









  1. Introduction: The Value of Patents and the Evolution of Licensing



    Patents and Their Value


    Cross Licensing


    Revenue Neutral License


    Cross Licensing and the Migration towards Patent Pooling







  2. The History and Evolution of Patent Pools




    Patent Pools


    The Development of Standard-Setting Pools
    Standard-Setting Pools







  3. Biotechnology and Patent Pooling: Antitrust issues in the US




    The Tying of Antitrust with Patents


    Standard Oil


    Hartford-Empire


    Nine No-Nos (post Standard Oil and Hartford-Empire)


    The Guidelines of 1995


    The Modern Approach and General Principles of Antitrust Analysis


    Tying



     





  4. Patent Pools and Competition Law: The EU Approach




    General Approach


    Technology Pools


    The Composition of the Pool


    European Union Regulations


    The Assessment of Pools






  5. Essential Facilities, Tying Arrangements, and Open-Source Structure




    The Concept of Essential Facilities


    The EU Approach to Essential Facilities


    The US Approach to Essential Facilities


    Tying Arrangements


    Open-Source Arrangement






  6. Biotechnology and Patent Pooling: A Way Forward




    Pooling and Biotechnology
    The Application of Pooling
    Information Pools (Upstream Pools)
    Technology Pools (Downstream Pools)






  7. The Structure of Pools



    Introduction


    Rationale in Pooling
    The Distinction between Standard-Setting and Non-Standard-Setting Pools
    The Structure of the "Proposed" POOL (Twin Whorl Arrangement)
    Licensing Provisions


    Summary






  8. Conclusion



Summary

Descriere

Exploring the relationship between competition law and technology pools, this book provides general purpose details of the Biotechnology Patent Pool scheme while discussing historical developments, approaches of the US Deptartment of Justice (DOJ), Federal Trade Commission (FTC), and the European Union Competition Commission via EU regulations.