Defusing Disclosure in Patent Applications

Defusing Disclosure in Patent Applications
Author: Paul D. Oldham
Publisher:
Total Pages: 0
Release: 2010
Genre:
ISBN:

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This report provides analysis and factual data on ways forward for the successful introduction of a practical system for monitoring the utilisation of genetic resources and traditional knowledge in patent applications. It suggests a resolution to a key issue blocking the creation of such a system. This resolution is based on 4 elements: 1. Acknowledging and analysing the current impasse between the Convention on Biological Diversity (CBD), the World Trade Organisation (WTO) and the World Intellectual Property Organisation (WIPO) on the disclosure of certain biodiversity information in patent applications (Section 1). 2. Analysing a useful precedent for a functional disclosure requirement using the Bayh-Dole provisions of the US Patent Act (Section 2). 3. Interrogating the patent system to see to what extent disclosure of countries of origin already takes place (Section 3). 4. Interrogating the patent system to explore disclosure issues with respect to indigenous and local communities and traditional knowledge (Section 4).

Patents for Development

Patents for Development
Author: Nefissa Chakroun
Publisher: Edward Elgar Publishing
Total Pages: 295
Release: 2016-05-27
Genre: Law
ISBN: 1785368613

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When submitting patent applications, patentees are disclosing huge amounts of technical knowledge that can be utilised for development. This book investigates whether it is possible to execute the disclosed technologies just by reading the patent application. Nefissa Chakroun argues that while TRIPS Agreement obliges inventors to disclose full and complete disclosure, patent information users lack the capacity to fully utilise such information for their economic development. Scrutinising the disclosure and the development function of the patent system, the book offers a critical analysis of the disclosure requirements of the patent system and an in-depth examination of ways of accessing and retrieving patent information. Chakroun articulates proposals for strengthening the disclosure and methods for enhancing retrieval and exploitation of the technological knowledge, including an integrated policy on how patent information could be better utilised for development. A plea for patent information as a significant source for development, this book is not only a valuable contribution to the literature but designed for policymakers at international and national levels to address core issues related to the exploitation of patent information for incremental innovation.

Research Handbook on International Law and Natural Resources

Research Handbook on International Law and Natural Resources
Author: Elisa Morgera
Publisher: Edward Elgar Publishing
Total Pages: 582
Release: 2016-11-25
Genre: Law
ISBN: 1783478330

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Research Handbook on International Law and Natural Resources provides a systematic and comprehensive analysis of the role of international law in regulating the exploration and exploitation of natural resources. It illuminates interactions and tensions between international environmental law, human rights law and international economic law. It also discusses the relevance of soft law, international dispute settlement, as well as of various unilateral, bilateral, regional and transnational initiatives in the governance of natural resources. While the Handbook is accessible to those approaching the subject for the first time, it identifies pressing areas for further investigation that will be of interest to advanced researchers.

Unraveling the Nagoya Protocol

Unraveling the Nagoya Protocol
Author: Elisa Morgera
Publisher: Martinus Nijhoff Publishers
Total Pages: 443
Release: 2014-07-25
Genre: Law
ISBN: 9004217185

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The Nagoya Protocol is an unprecedented international environmental agreement that equally addresses development, distributive justice, and environmental sustainability. With a balanced view of the various possible interpretations of the Protocol provisions, in light of different national and regional perspectives, and a systematic highlighting of its legal innovations, Unraveling the Nagoya Protocol: A Commentary on the Nagoya Protocol on Access and Benefit-sharing to the Convention on Biological Diversity will serve as a seminal work for all those interested in the environment, human rights, economics and both legal and scientific innovations.

The Protection of Traditional Knowledge on Genetic Resources

The Protection of Traditional Knowledge on Genetic Resources
Author: Frantzeska Papadopoulou
Publisher: Edward Elgar Publishing
Total Pages: 523
Release: 2018-04-27
Genre: Education
ISBN: 1786437430

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Traditional knowledge protection methods are becoming increasingly out-dated in the face of modern challenges. Focusing on the protection of traditional knowledge and related genetic resources, this book is the first of its kind to amalgamate a novel theoretical framework with the practical applications of the combined theories of Rawls and Coase.

Indigenous Peoples and International Trade

Indigenous Peoples and International Trade
Author: John Borrows
Publisher: Cambridge University Press
Total Pages: 355
Release: 2020-06-18
Genre: Law
ISBN: 1108659179

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The United Nations Declaration on the Rights of Indigenous Peoples is seen primarily as an international human rights instrument. However, the Declaration also encompasses cultural, social and economic rights. Taken in the context of international trade and investment, the UN Declaration is a valuable tool to support economic self-determination of Indigenous peoples. This volume explores the emergence of Indigenous peoples' participation in international trade and investment, as well as how it is shaping legal instruments in environment and trade, intellectual property and traditional knowledge. One theme that is explored is agency. From amicus interventions at the World Trade Organization to developing a future precedent for a 'Trade and Indigenous Peoples Chapter', Indigenous peoples are asserting their right to patriciate in decision-making. The authors, both Indigenous and non-Indigenous experts on trade and investment legal, provide needed ideas and recommendations for governments, academia and policy thinkers to achieve economic reconciliation.

Decisions of the Commissioner of Patents and of the United States Courts in Patent and Trade-mark and Copyright Cases

Decisions of the Commissioner of Patents and of the United States Courts in Patent and Trade-mark and Copyright Cases
Author: United States. Patent Office
Publisher:
Total Pages: 566
Release: 1884
Genre: Copyright
ISBN:

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"Compiled from Official gazette. Beginning with 1876, the volumes have included also decisions of United States courts, decisions of Secretary of Interior, opinions of Attorney-General, and important decisions of state courts in relation to patents, trade-marks, etc. 1869-94, not in Congressional set." Checklist of U. S. public documents, 1789-1909, p. 530.