This publication discusses one of the most influential pieces of legislation relating to technology transfer in the United States: The Bayh-Dole Act. The publication discusses the history that led to the groundbreaking Act, characterizes strengths and weaknesses of the Act from an economic and a policy standpoint, and details the recent Supreme Court Stanford v. Roche case, which may carry impl…
With their rich traditions of conflict resolution and peacemaking, the Pacific Islands provide a fertile environment for developing new approaches to crime and conflict. Interactions between formal justice systems and informal methods of dispute resolution contain useful insights for policy makers and others interested in socially attuned resolutions to the problems of order that are found incr…
Traditional knowledge systems are also innovation systems. This book analyses the relationship between intellectual property and indigenous innovation. The contributors come from different disciplinary backgrounds including law, ethnobotany and science. Drawing on examples from Australia, New Zealand and the Pacific Islands, each of the contributors explores the possibilities and limits of inte…
Trademark rights play a significant role in the proper functioning of a common market of a given regional bloc. Experience teaches that, unless national trade mark regimes of individual countries cooperating in a given regional bloc such as the East African Community (EAC) are integrated into a common market, trademark proprietors may invoke their intellectual property rights to dissect the com…
The world increasingly faces the adverse impact of climate change. What role can intellectual property play to stimulate the necessary innovation and technology transfer? Providing an inventory of patent law, policy and information, including certain private initiatives, this thesis discusses issues at the crossroads of intellectual property and climate change, such as: compulsory licensing for…
Defining the true meaning of the acronym FRAND reminds of the parable of two political parties arguing before the elections: who is right and who is wrong, although they both know that there is no such thing as one truth and most utterly it depends on the individual perspective. Given the very substantial legal and business concerns involved within the telecommunication standardization environm…
Kamerun - die am Golf von Guinea gelegene ehemals deutsche Kolonie - ist ein geostrategisch relevantes, zentralafrikanisches Land reich an natürlichen Ressourcen. Das kamerunische Recht ist ein Faszinosum aus unterschiedlichen Rechtsquellen. Die Einflüsse aus dem englischen und französischen Recht, gepaart mit den Gewohnheitsrechten der zahlreichen ethnischen Bevölkerungsgruppen, sind auch …
For many Americans the term “patent” is linked to a sense of tradition and cultural icons such as Thomas Edison, inventor of the operational incandescent light bulb. The very image of the light bulb itself has become a symbol for invention or a good idea.¹ Another commonly held notion is that a patent guarantees an individual protection from having his or her idea stolen by unscrupulous co…
In a recent patent infringement case between Servier and Apotex, courts in the UK were asked to look into the validity of a pharmaceutical patent that claimed a particular crystalline form of a compound called perindopril. Perindopril is a pharmaceutical compound essentially used to treat hypertension. Its preparation and use had been disclosed in a prior patent. The patent in the referred …
“Inventions, their exploitation, and the related prior art being inherently scientific and technical in nature, have a proclivity for recordation of information directed to their development, particulars of construction, modification, and application in documents.”¹ In fact, documents, tangible items and processes embody the most vital evidence available for proving patent validity and inf…