Subjects -> PATENTS, TRADEMARKS AND COPYRIGHTS (Total: 28 journals)
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- Basic and Improvement Patents in COVID-19 Vaccines
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Authors: Musso A. Pages: 393 - 394 Abstract: While measures to disseminate COVID vaccine patented technologies (compulsory licences, waivers, etc.) are often discussed [cf. Andreas Oser, ‘The COVID-19 Pandemic: Stress Test for Intellectual Property and Pharmaceutical Laws’, GRUR International 2021, 846 ff.], a less examined issue is the relationship between basic and improvement patents in this field. PubDate: Wed, 16 Mar 2022 00:00:00 GMT DOI: 10.1093/grurint/ikac022 Issue No: Vol. 71, No. 5 (2022)
- EU Digital Regulation 2022: Data Desiderata
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Authors: Picht P; Richter H. Pages: 395 - 402 Abstract: AbstractWith the drafts of the Digital Markets Act (DMA), the Digital Services Act (DSA) and the Data Governance Act (DGA), the EU Commission presented three cornerstones of its digital regulation approach in November and December of 2020. This article looks at data transactions and focuses on four aspects which illustrate that the proposed Acts leave ample room for improvement in terms of the coherence and specificity of their respective rules: the specificity of data-related provisions; the role of FRAND in the Package context; the role of data intermediaries; and the upcoming Data Act. Beyond diagnosis, the article calls for an integrative approach and proposes improvements. It aims to spark a more intense discourse on data transactions under the Package. PubDate: Tue, 15 Mar 2022 00:00:00 GMT DOI: 10.1093/grurint/ikac021 Issue No: Vol. 71, No. 5 (2022)
- Digitization of GLAM Collections and Copyright: Policy Paper
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Authors: Benhamou Y; Ferland J. Pages: 403 - 421 Abstract: AbstractCopyright can be a major obstacle for cultural institutions regarding digitization and online accessibility, which ultimately leads to the under-exploitation of collections at the expense of society and to a need to support cultural heritage institutions with legislative and/or policy changes or at least clarifications. This contribution is a policy paper that aims to clarify the copyright law principles applicable to museum professionals dealing with digital cultural heritage worldwide, and to formulate policies to facilitate their digital activities. An initial version of this policy paper was published on a dedicated website and led to an international conference held in 2020 in Geneva. Although it is primarily addressed to museums, this policy paper may also serve as guidance to stakeholders in other areas dealing with digital cultural heritage, in particular Galleries, Libraries, Archives and Museums (GLAM). Part I proposes policies directed towards national and international policymakers. Parts II and III are directed towards cultural institutions, and set out a code of conduct that cultural institutions may follow when pursuing digitization and dissemination activities in order to comply with the actual state of the law and minimize the risks associated with these activities (Part II), and an alternative dispute resolution (ADR) procedure to help cultural institutions and rights holders identify issues and reach satisfactory solutions in disputes around digital activities (Part III).*** PubDate: Fri, 15 Apr 2022 00:00:00 GMT DOI: 10.1093/grurint/ikac024 Issue No: Vol. 71, No. 5 (2022)
- Patentability of Nanotechnology Inventions: A Study Based on Decisions by
the Examination Division of the European Patent Organisation, the Opposition Division and the Technical Board of Appeal-
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Authors: Vazhathodi M. Pages: 422 - 431 Abstract: AbstractThe World Intellectual Property Organisation (WIPO) has identified nanotechnology as one of the prominent technologies of recent times (WIPO Magazine ‒ August 2011). Nanotechnology has a wide variety of applications in the field of medicine which are leading to the evolution of a new branch of medical science – nanomedicine. This involves using particles or materials within the size range of one nanometre and a thousand nanometres to diagnose, treat, and prevent various diseases. Biomedical nanotechnology, bionanotechnology, and nanomedicines are applications of nanotechnology in medicine and this article covers these three areas under the umbrella-term ‘nanomedicines.’ The European Union is a significant player in the wider nanotechnology market (including nanomedicines). At the European Patent Office (EPO), the number of nanotechnology patent applications (including nanomedicines) is increasing every year. The European Patent Convention (EPC) – the unified European patent system – came into existence in 1973. It provided patent protection for valid technologies according to the patentability criteria provided by EPC, and Art. 27(1) of TRIPS directs its signatories to offer patent protection for every technology equally. However, nanotechnology’s unique nature poses a threat to the existing patent law. This paper critically analyses certain decisions by the EPO and its Boards of Appeal considering the technological speciality of nanotechnology inventions with reference to nanomedicines. PubDate: Thu, 24 Feb 2022 00:00:00 GMT DOI: 10.1093/grurint/ikac003 Issue No: Vol. 71, No. 5 (2022)
- China’s Antitrust Probe into the Platform Economy – A Comment
on the Alibaba Decision-
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Authors: Xiao Y. Pages: 432 - 438 Abstract: AbstractChina’s competition authority imposed a record fine against the largest domestic online platform operator Alibaba. The decision concludes that Alibaba abused its dominant position in the market for online retail platform services by prohibiting merchants from selling or participating in promotional events on rival platforms. This article provides an overview of the grounds of the decision and a detailed analysis in the context of China’s anti-monopoly regulations and guidelines for the platform sector. The Alibaba decision is well-structured and reasoned, but also leaves some open questions in its competitive assessment. In addition to the fine, the competition authority issued a guidance letter to Alibaba and initiated a three-year-long compliance monitoring. The penalty decision also has an industry-wide deterrent impact through the follow-up administrative supervisory meeting with major platform operators. The Alibaba decision marks a turning point in China’s antitrust interventions in the platform economy in the shift from a very tolerant and cautious approach towards a more proactive and stringent one. PubDate: Sat, 29 Jan 2022 00:00:00 GMT DOI: 10.1093/grurint/ikab179 Issue No: Vol. 71, No. 5 (2022)
- Digitization of Museum Collections and Copyright – Report on the
International Conference ‘When Museums Go Online’, University of Geneva, 11 December 2020-
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Authors: Bayrou A. Pages: 439 - 443 Abstract: AbstractThe digitization of museum collections raises a number of legal issues in copyright, which museums are often not aware of or are unclear about. This International Conference, held at and led by the University of Geneva, aimed to clarify these copyright issues and strengthen the dialogue between professionals dealing with digital cultural heritage worldwide. This event also launched the Policy Paper ‘Digitization of Digital Cultural Heritage and Copyright’, which was drafted by a group of scholars from different universities and institutions, and has been published on a dedicated website. It contains policy recommendations to lawmakers and policymakers, as well as a code of conduct and an alternative dispute resolution mechanism addressed to museum professionals. PubDate: Mon, 17 Jan 2022 00:00:00 GMT DOI: 10.1093/grurint/ikab178 Issue No: Vol. 71, No. 5 (2022)
- Patent Extensions Deemed Unconstitutional for Violating the Right to
Health and the Social Function of Intellectual Property-
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Pages: 444 - 446 Abstract: Unconstitutionality of Patent Extensions PubDate: Fri, 28 Jan 2022 00:00:00 GMT DOI: 10.1093/grurint/ikac004 Issue No: Vol. 71, No. 5 (2022)
- Pharmaceutical Invention Claiming a Specific Particle Size Distribution
Deemed Non-Obvious-
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Pages: 447 - 455 Abstract: Celecoxib PubDate: Tue, 08 Feb 2022 00:00:00 GMT DOI: 10.1093/grurint/ikac005 Issue No: Vol. 71, No. 5 (2022)
- Exclusion of Technically Necessary Shapes
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Pages: 456 - 466 Abstract: Nespresso PubDate: Tue, 22 Feb 2022 00:00:00 GMT DOI: 10.1093/grurint/ikac017 Issue No: Vol. 71, No. 5 (2022)
- Copyright and Image Rights in Photo Shoots
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Pages: 467 - 470 Abstract: Banire v NTA-STAR TV Network PubDate: Fri, 11 Mar 2022 00:00:00 GMT DOI: 10.1093/grurint/ikac016 Issue No: Vol. 71, No. 5 (2022)
- Online Platform Liability for User Uploads
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Pages: 476 - 476 Abstract: Frank Peterson v Google, YouTube/Elsevier v Cyando PubDate: Tue, 08 Feb 2022 00:00:00 GMT DOI: 10.1093/grurint/ikac009 Issue No: Vol. 71, No. 5 (2022)
- Design Protection for Patented Products
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Pages: 477 - 481 Abstract: Papierspender [Paper dispenser] PubDate: Tue, 15 Feb 2022 00:00:00 GMT DOI: 10.1093/grurint/ikac008 Issue No: Vol. 71, No. 5 (2022)
- Lump-Sum Compensation Claimed by a Collective Management Organization
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Pages: 471 - 475 Abstract: Lump-Sum Compensation PubDate: Sat, 13 Nov 2021 00:00:00 GMT DOI: 10.1093/grurint/ikab141 Issue No: Vol. 71, No. 5 (2021)
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