By Gustavo Ghidini
This wealthy and difficult publication bargains a serious appraisal of the connection among highbrow estate legislation and festival legislation, from a very ecu viewpoint. Gustavo Ghidini highlights the deficiencies in learning every one of those parts of legislations independently and argues for a extra holistic technique, insisting that it's extra precious, and certainly crucial, to think about them as interdependent. He does this primary by way of analyzing how pageant and highbrow estate (IP) converge, diverge, and tell each other. Secondly, he assesses how IP legislations will be interpreted during the guiding ideas of pageant legislation ?– antitrust and unfair festival ?– and in the overarching precept of unfastened festival. The booklet strains the evolution of recent IP legislation, which it claims is marked seriously either by way of ?‘over-protectionist?’ developments ?– akin to the extension of copyright legislations to technological fields, the place it trespasses at the territory of patent legislations ?– and through makes an attempt to monopolize the achievements of uncomplicated learn, resembling within the instance of biotechnology. via an exam of such rising matters as entry to criteria of knowledge and patenting of genetic fabrics, the writer makes a transparent case for a studying of IP legislations that promotes dynamic techniques of ?‘innovation by way of competition?’, and ?‘competition by way of innovation?’, with similar merits to purchaser welfare similar to wider offerings, better entry to tradition and data, and decrease costs. complex scholars and researchers in all parts of highbrow estate will locate this e-book a stimulating substitute to conventional interpretations of the topic.
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Extra info for Intellectual Property And Competition Law: The Innovation Nexus
Example text
E. open writs, publicly evidencing the grant of sovereign privileges, comes into play. As early as the mid-18th century, the English courts applied the rule that it is not the person who kept the invention under lock and key, but he who disclosed it for the public benefit, who should enjoy the advantages associated with the patent over the said invention. e. 20 Publication consequently guarantees that third parties, while inhibited from unauthorized uses, will have full, concrete knowledge of the invention, because the description, together with the application, must make it possible for a person skilled in the art to put it into practice.
Thus a second-class innovation would more easily obtain a patent which, as mentioned, would have very similar protection to a first-class innovation. e. to promote (genuine) innovation. Moreover, if the Proposed Directive allowing dual protection (article 23: 1. ‘The same invention may form the subject-matter, simultaneously or successively, of a patent application and a utility model application. 2. A utility model which has been granted shall be deemed to be ineffective where a patent relating to the same invention has been granted and published’) is approved, the conflict will increase, as a patent for invention which is at risk because of its insufficient Patent protection of innovations 35 level of inventiveness would still be granted exclusive protection up to the normally quite satisfactory 10-year limit.
Current interpretation practice often shows a restrictive tendency to allow infringement by equivalence, in particular, if the substantial similarity of the solution idea is not obvious (to one ‘ordinarily’ skilled in the art). Such a criterion, which is substantially shared in the legislation of the European countries following article 56 of the EPC, legitimizes a large proportion of subsequent innovations, recognized as substitutive instead of derivative and thus independent. In practice, this criterion involves giving more generous approval to a 32 Intellectual property and competition law subsequent innovation that moves from a previously patented innovation (without copying it) than an excessively broad, protectionist concept of equivalence would do.