Patent Pools, Competition Law and Biotechnology

ISBN-13: 9780367607036 / Angielski / Miękka / 2020 / 102 str.

Devdatta Malshe

Opis

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 Deptartment of Justice (DOJ), Federal Trade Commission (FTC), and the European Union Competition Commission via EU regulations.

Spis treści

Contents

1. 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












2. The History and Evolution of Patent Pools
   







Patent Pools





The Development of Standard-Setting Pools
Standard-Setting Pools












3. 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






 









4. Patent Pools and Competition Law: The EU Approach
   







General Approach





Technology Pools





The Composition of the Pool





European Union Regulations





The Assessment of Pools










5. 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










6. Biotechnology and Patent Pooling: A Way Forward








Pooling and Biotechnology
The Application of Pooling
Information Pools (Upstream Pools)
Technology Pools (Downstream Pools)










7. 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










8. Conclusion

Summary

O autorze

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