Patent Pools, Competition Law and Biotechnology

Devdatta Malshe (Autor)

Buch | Hardcover

102 Seiten

2018
Routledge (Verlag)
978-1-138-58090-9 (ISBN)

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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.

Devdatta Malshe is an independently practicing attorney and was editor of Industrial Property Law Reporter (2002–2008), based in Mumbai, India.

Contents

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

The History and Evolution of Patent Pools

Patent Pools

The Development of Standard-Setting Pools
Standard-Setting Pools

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

Patent Pools and Competition Law: The EU Approach

General Approach

Technology Pools

The Composition of the Pool

European Union Regulations

The Assessment of Pools

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

Biotechnology and Patent Pooling: A Way Forward
Pooling and Biotechnology
The Application of Pooling
Information Pools (Upstream Pools)
Technology Pools (Downstream Pools)

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

Conclusion

Summary

Erscheinungsdatum	11.07.2018
Reihe/Serie	Routledge Research in Intellectual Property
Verlagsort	London
Sprache	englisch
Maße	138 x 216 mm
Gewicht	249 g
Themenwelt	Recht / Steuern ► EU / Internationales Recht
	Recht / Steuern ► Wirtschaftsrecht ► Handelsrecht
	Recht / Steuern ► Wirtschaftsrecht ► Urheberrecht
	Technik ► Umwelttechnik / Biotechnologie
ISBN-10	1-138-58090-2 / 1138580902
ISBN-13	978-1-138-58090-9 / 9781138580909
Zustand	Neuware