What is Intellectual Property? Intellectual property (IP) refers to creations of the mind‚ such as inventions; literary and artistic works; designs; and symbols‚ names and images used in commerce. IP is protected in law by‚ for example‚ patents‚ copyright and trademarks‚ which enable people to earn recognition or financial benefit from what they invent or create. By striking the right balance between the interests of innovators and the wider public interest‚ the IP system aims to foster an environment
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cases related to patented technology‚ it becomes more complicated than just being able to prove that the infringement harms the party‚ he should also have all the rights of the patented technology to be eligible to sue. Let us suppose a researcher patents a new technology. Sensing its usefulness in industry‚ the licensor grants to a major corporation an exclusive license of his patented technology the licensor also includes a clause in the license agreement that allows the licensee to
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Innovation Case Study Monsanto Roundup Ready Soybean Introduction – A Brief History of Monsanto Monsanto was created in 1901. The company focused primarily on basic industrial chemicals and during the 1940’s became the leading manufacturers of synthetic fibers and plastics. They continued to be one of the US top ten chemical companies. Following the Second World War‚ Monsanto championed the use of chemical herbicides in agriculture and created such agrochemical products as DDT‚ Lasso and
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and few other countries which holds that a purchaser of a patented product may ‘repair’ the product but may not ‘reconstruct’ it. This definition though looks simple on the face of it‚ yet it is one of the most controversial doctrine with regard to patent laws across the globe. This is because of the primary reason that‚ more often the two verbs namely: ‘repair’ and ‘reconstruction’ overlap. The challenge with regard to is that “the difference between a repair and a reconstruction is a difficult question
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jurisdiction. * Subject-matter jurisdiction is a court’s authority to decide a particular type of dispute. For example‚ in the U.S‚ federal courts have subject-matter jurisdiction over issues governed by federal law (such as bankruptcy‚ copyright‚ patent and federal tax matters) and state courts have subject-matter jurisdiction over issues governed by state laws (such as professional licensing and state tax matters). If the parties to a contract are both located in the same state‚ a state court has
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laws‚ like Copyright Law‚ Patent Law‚ Trademark Act and Anti-unfair competition Law to enhance the IPR protection. The IPR-related legal system has been modified and improved so as to be consistent with the international standard and conform to the requirements of the WTO rules. Moreover‚ with extensive popularization‚ the IPR protecting conscious has been raised‚ which can reflect from the accepted patent applications. From the chart‚ we can see that the number for patents accepted increased from
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Compulsory Licensing in the light of John Locke’s Concept of Property and Utilitarian Concept of Bentham Introduction:- Is it fair to grant compulsory licensing to any person of any persons’ intellectual property for which he is demanding higher price? Intellectual Property is “jura in re propria”. It is a valuable intangible property which vests on the owner in the form of artistic‚ literary‚ dramatic‚ musical‚ cinematographic works and sound recording. It also exists in any new creation which
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trend? 4. What strategic actions can Merck take to gain and sustain a competitive advantage in the pharmaceutical industry and why? 1. Merck’s opportunities and threats PESTEL FRAMEWORK - Threats A lot of competition from piers Expiring patents Outdated technology Recall of drugs such as (VIOXX) can hurt the company brand - Opportunities Broad-based medical innovation‚ technologies and businesses across the spectrum of health care They are entering health market for undeveloped
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The Seeds of Destruction The main objective of my project is to explore in depth‚ how the bio-piracy and biotech patent system affect the life of indigenous people of Third World countries‚ in relation to their rights to natural resources and knowledge that they have developed in common over centuries. I would focus on few important issues‚ including the enclosure of natural commons‚ such as seeds and plants on one hand‚ and the exploitation of the worker‚ his labor and knowledge about them‚ on
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countries through establishing factories and branches acting as regional bases in such countries. A research performed by Smith‚ S.E‚ Stanford University about the Indian Pharmaceutical market states that “ Pending successful implementation of the product patent protection law in 2005‚ a substantial increase in MNC participation in the pharmaceutical market is likely‚ much of which will be supported with localized operations.” (Smith‚ 2000). Along with the application of the TRIPS agreement‚ the pharmaceutical
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