Innovation And Protection

For the past three-quarters of a century, the United States has led the world in technological innovation and development. The nation now risks falling behind its competitors, principally China. The United States needs to advance a national innovation strategy to ensure it remains the predominant power in a range of emerging technologies. Innovation and National Security: Keeping Our Edge outlines a strategy based on four pillars: restoring federal funding for research and development, attracting and educating a science and technology workforce, supporting technology adoption in the defense sector, and bolstering and scaling technology alliances and ecosystems. Failure could lead to a future in which rivals strengthen their militaries and threaten U.S. security interests, and new innovation centers replace the United States as the source of original ideas and inspiration for the world.

Patents as an Incentive for Innovation Edited by Rafal Sikorski & Zaneta Zemla-Pacud Patents are a reward for human inventiveness. A well-functioning patent system must provide incentives for innovation, safeguard dynamic competition and protect the public interest – a balancing act fraught with difficulty in the ‘connected’ global world. This ground-breaking book is the first to deeply analyse how patent law today performs its function of stimulating innovation in the crucial sectors of healthcare, agriculture, artificial intelligence and communications technology. Patent specialists, practitioners and scholars from various jurisdictions thoroughly describe how patent rights can be deployed to incentivize investments in researching and developing socially critical innovations without sacrificing the public’s interest in sharing the benefits that are produced. Among the emerging issues of patent rights investigated are the following: protectability and morality of according private rights over material derived from the human body; licensing on fair, reasonable and non-discriminatory (FRAND) terms; the supplementary protection certificate (SPC) manufacturing waiver; patent eligibility of artificial intelligence-related inventions; excessive enforcement of patents by patent assertion entities; enforcement of second medical use innovations; the so-called farmer’s privilege, the farm-save seed exemption, and breeders’ rights; international trade regulations and their influence on patent systems; human enhancement technologies and the consequences of patenting them; specifics of patent protection for biologic medicines; challenges posed by artificial intelligence for the disclosure requirement in patent law; and standard essential patent licensing, particularly in the context of the 5G standard. Perspectives taken into consideration by the authors include protectability criteria, length and scope of the granted protection, mechanisms for dealing with the friction between generalized application and specialized concerns, and rights enforcement. These aspects are analysed on the domestic, international and global levels. The COVID-19 pandemic has highlighted the urgent need to strike the right balance between innovation and access in healthcare and other technologies, a need rooted in patent law. Because the problems discussed – and solutions offered – in this collection of expert essays are of tremendous practical and cultural significance, the book will be of immeasurable value to practitioners, policymakers and researchers in patent law and other fields of intellectual property law.

This book analyses the various ways in which intellectual property (IP) operates in relation to innovation activity. It reflects on the "classical" issues of the IP system related to the necessity of protecting risky and often costly investments undertaken by firms and others players involved in the innovation process. Beyond this, it stresses the numerous challenges addressed by contemporary technological and societal change, especially in a world where the digital revolution is rapidly transforming the way in which innovation is organized. In this context, the new corporate IP and innovation practices call for responses on the part of public policies.

1 When in the late seventies the Commission started its preparatory work on a plan of action(l) for the creation of a real Community Innovation market, obviously the question came up, how patents or industrial property could specifically help in stimulating technological and industrial innovation and technology transfer in the Community. From an earlier contractor's study(2) about possible items of action in patent law for the improvement of the impact of patents and patenting upon innovation, it was clear that, in principle, there was room for improvement but shortage of information as to how and to what extent efficient improvements should and could be made. 2 In the early 1980s then, the need for clarifying the potential for improve ment in patent law and patent practice became more pressing, so that the Commission convened an informal meeting of experts on 3/4 November 1982 in Luxembourg, in order to discuss the issues relevant to the relation ship between patent protection and innovation and to identify suitable subject matter for action or study. 38 experts from nine Member States, coming from different areas of activity in industrial property or in innova tion attended the meeting, which was chaired by two of them.

A report of the CSIS Technology and Public Policy Program.

Considering the effort and funding devoted to a company's success, understanding Intellectual Property rights patents, trade secrets, trademarks, and licensing is essential. Establishing appropriate internal policies from the outset can prevent companies from learning a costly and painful lesson in the courtroom. With Intellectual Property in the Food Technology Industry, currently the only book of its kind focusing specifically on the food industry, one will learn what to consider throughout the various creative phases of a product's lifespan from initial research and development initiatives through post-production. Readers will have an understanding of the intellectual property protections afforded to U.S. corporations, methods to pro-actively reduce potential problems, and guidelines for future considerations to reduce legal spending, prevent IP theft, and allow for greater profitability from corporate innovation and inventiveness.

A detailed analysis of the ethical, legal, and regulatory landscape of medical devices in the US and EU.

3D printing (or, more correctly, additive manufacturing) is the general term for those software-driven technologies that create physical objects by successive layering of materials. Due to recent advances in the quality of objects produced and to lower processing costs, the increasing dispersion and availability of these technologies have major implications not only for manufacturers and distributors but also for users and consumers, raising unprecedented challenges for intellectual property protection and enforcement. This is the first and only book to discuss 3D printing technology from a multidisciplinary perspective that encompasses law, economics, engineering, technology, and policy. Originating in a collaborative study spearheaded by the Hanken School of Economics, the Aalto University and the University of Helsinki in Finland and engaging an international consortium of legal, design and production engineering experts, with substantial contributions from industrial partners, the book fully exposes and examines the fundamental questions related to the nexus of intellectual property law, emerging technologies, 3D printing, business innovation, and policy issues. Twenty-five legal, technical, and business experts contribute sixteen peer-reviewed chapters, each focusing on a specific area, that collectively evaluate the tensions created by 3D printing technology in the context of the global economy. The topics covered include: • current and future business models for 3D printing applications; • intellectual property rights in 3D printing; • essential patents and technical standards in additive manufacturing; • patent and bioprinting; • private use and 3D printing; • copyright licences on the user-generated content (UGC) in 3D printing; • copyright implications of 3D scanning; and • non-traditional trademark infringement in the 3D printing context. Specific industrial applications – including aeronautics, automotive industries, construction equipment, toy and jewellery making, medical devices, tissue engineering, and regenerative medicine – are all touched upon in the course of analyses. In a legal context, the central focus is on the technology’s implications for US and European intellectual property law, anchored in a comparison of relevant laws and cases in several legal systems. This work is a matchless resource for patent, copyright, and trademark attorneys and other corporate counsel, innovation economists, industrial designers and engineers, and academics and policymakers concerned with this complex topic.

This book covers technologies that pose new challenges for consumer policy, creative developments that can help protect consumers’ economic interests, innovative approaches to addressing perennial consumer concerns, and the challenges entailed by emerging ways of creating and delivering consumer products and services. In addition, it reflects on past successes and failures of consumer law and policy, explores opportunities for moving consumer law in a different direction, and discusses potential threats to consumer welfare, especially in connection with the changing political landscape in many parts of the world. Several chapters examine consumer law in individual countries, while others have an international focus.