Abstract
Over the last three decades there has been constant pressure on developing nations to conform with the intellectual property ideals of the developed world, in particular, it can be argued, those of the United States of America. Despite this, many jurisdictions have managed to maintain at least some part of their own inherent approach to how intellectual creations, whether invention, expression, or marketing concept, should be dealt with in their state. It can be argued that some states where governance can be said to be in disarray are, on the other hand, readily adopting protectionist international norms to validate their statehood.
It should also be noted that even in countries that are seen as having a very solid view of how intellectual property rights, and the enforcement of those rights, should be structured, there are still areas of uncertainty as how to implement their laws in the face of changing technologies and changing global relationships.
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Notes
- 1.
“The economic philosophy behind the clause empowering Congress to grant patents and copyrights is the conviction that encouragement of individual effort by personal gain is the best way to advance public welfare through the talents of authors and inventors in ‘Science and useful Arts’.”
- 2.
It should be noted that this chapter presents the views of this author, and perspectives presented may not coincide with those of the other chapters. The reader, no doubt, with have their own interpretation and views.
- 3.
“Evergreening” is the term used in the patent environment to describe the attempts by patent holders, especially in the drug arena, to prolong the patent period of the basic compound by seeking new patents on altered formulations, dosage types, data retention and other business techniques (see Gaudry 2011).
- 4.
Wherein the Indian Supreme Court upheld the decision on the rejection of a patent application by Novartis for its beta crystalline form of Imatinib Mesylate (Glivec).The Court observed Novartis to be indulging a strategy that led to ‘ever-greening’ of its patents, a practice intended to extend the term of the patent on the same compound; which is impermissible given the patented invention ought to expire after the stipulated term of 20 years.
- 5.
When Wilkinson was writing there were eight ratifications and accessions of the treaty, now standing at 13.
- 6.
Of course, providing that you have access to world networks, the local infrastructure and at least some equipment.
- 7.
Following the recent history of development of the ‘omics age’, ‘patentomics’ can be considered to be the systematic study of the structure, function and evolution of a select body of patents. The tools are now developing that allow this to be done in a high throughput and readily accessible way.
- 8.
Some equate patents with innovation, however in this author’s view this is not the case. Patents represent invention that is patented. A lot of innovation is not patented.
- 9.
Justice Thomas: “We hold that a naturally occurring DNA segment is a product of nature and not patent eligible merely because it has been isolated, but that cDNA is patent eligible because it is not naturally occurring”.
- 10.
The Australian High Court (the highest court in the judicial system) allowed the appeal from the Federal Court of Appeal. Interestingly the latter court had openly criticised the United States Supreme Court judgement Association for Molecular Pathology v. Myriad Genetics.
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Perry, M. (2016). The Changing Face of Intellectual Property: Global Forces and Compliance. In: Perry, M. (eds) Global Governance of Intellectual Property in the 21st Century. Springer, Cham. https://doi.org/10.1007/978-3-319-31177-7_1
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