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

Autor Devdatta Malshe
en Limba Engleză Hardback – 10 mai 2018
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: 9781138580909
ISBN-10: 1138580902
Pagini: 102
Dimensiuni: 138 x 216 x 8 mm
Greutate: 0.25 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 PoolsIntroduction
    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. 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 analyses the modalities of forming such pools in 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.