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Patent Pools, Competition Law and Biotechnology
Taschenbuch von Devdatta Malshe
Sprache: Englisch

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Beschreibung

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.

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.

Inhaltsverzeichnis
Contents





Introduction: The Value of Patents and the Evolution of Licensing

Patents and Their Value

Cross Licensing

Revenue Neutral License

Cross Licensing and the Migrationtowards 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
Details
Medium: Taschenbuch
ISBN-13: 9780367607036
ISBN-10: 0367607034
Sprache: Englisch
Autor: Malshe, Devdatta
Hersteller: Routledge
Taylor & Francis
Verantwortliche Person für die EU: preigu, Ansas Meyer, Lengericher Landstr. 19, D-49078 Osnabrück, mail@preigu.de
Maße: 6 x 140 x 216 mm
Von/Mit: Devdatta Malshe
Gewicht: 0,131 kg
Artikel-ID: 130026904
Inhaltsverzeichnis
Contents





Introduction: The Value of Patents and the Evolution of Licensing

Patents and Their Value

Cross Licensing

Revenue Neutral License

Cross Licensing and the Migrationtowards 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
Details
Medium: Taschenbuch
ISBN-13: 9780367607036
ISBN-10: 0367607034
Sprache: Englisch
Autor: Malshe, Devdatta
Hersteller: Routledge
Taylor & Francis
Verantwortliche Person für die EU: preigu, Ansas Meyer, Lengericher Landstr. 19, D-49078 Osnabrück, mail@preigu.de
Maße: 6 x 140 x 216 mm
Von/Mit: Devdatta Malshe
Gewicht: 0,131 kg
Artikel-ID: 130026904
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