منابع مشابه
Patent Theory versus Patent Law
According to the economic theory of patents, patents are needed so that pioneer firm have time to recoup their sunk costs of research and development. The key element in the economic theory is that pioneer firms have large, hard to recoup, sunk costs. Yet patents are not awarded on the basis of a firm’s sunk costs. Patent law, in fact, ignores costs. The disconnect between patent law and patent...
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In this research, protection of commercial expectation has been examined. The main question is how we could identify and assess existence of commercial expectations. In response, commercial expectation are acquisition of expectable benefit in market, mass production, absence of technical failure in licensed knowledge and so on. Therefore, it is essential to response by analysis of contract law ...
متن کاملIs Patent Law Technology Specific?
Fundamental shifts in technology and in the economic landscape are rapidly making the current system of intellectual property rights unworkable and ineffective. Designed more than 100 years ago to meet the simpler needs of an industrial era, it is an undifferentiated, one-sizefits-all system. Although treating all advances in knowledge in the same way may have worked when most patents were gran...
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This article adopts the view that the courts in developing countries can play an important role in improving access to medicines in their countries if they incorporate a right to health perspective when adjudicating patent cases involving pharmaceutical products. The article argues that, since patent rights are not human rights, they should not be allowed to trump the right to health. The paper...
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ژورنال
عنوان ژورنال: Michigan Law Review
سال: 1919
ISSN: 0026-2234
DOI: 10.2307/1277609