Review of Granted Compulsory Licences
Legislators recognise that exceptions and limitations may be established to help the achievement of the ultimate goal under patent law. However, exceptions and limitations are made to keep the interest balance between the patentee and the public, including the potential competitors of the patentee. Such interest balance would be obtained when patentees are restrained from asserting their exclusive rights against some acts that have no substitution effects on the patented products and, at the same time, are conducive to the disclosure of and access to the patent to enhance the technological development. This inference is supported by Art. 30 of the TRIPS Agreement, after which limited exceptions can be allowed in patent law provided that they “do not unreasonably conflict with a normal exploitation of the patent and do not unreasonably prejudice the legitimate interests of the patent owner, taking account of the legitimate interests of third parties”.
Global Intellectual Property Law: Chapter 1
Globalization of trade means that intangible informational resources are now produced, bartered and consumed anywhere and everywhere defying jurisdictional borders. Intellectual property has moved into the mainstream of national economic and developmental planning; in the recent past it has also emerged as the central impetus in multilateral trade relations. The authors of this original and progressive textbook trace the evolving remits of intellectual property, which are rapidly expanding to embrace new subject matter and increase the scope of protection. This creates conflicts with current trade, development, cultural, ethical, human rights and economic mores.This book reflects on intellectual property as it stands at the crossroads of these values. It considers the challenges presented by such developments as the commodification of persona, the commons, and life itself. Most significantly perhaps, the book examines the impact of intellectual property on the international stage, especially in respect of trade, development, economics and biological and cultural diversity. It is sure to become an invaluable reference work for scholars and students of intellectual property, international law, public policy, politics, government, human rights and development, as well as legal practitioners.
Gross negligence ‘medical’ manslaughter in Ireland: Legal context and clinician concerns
In recent years, the prospect of the criminal prosecution of medical practitioners for patient safety incidents resulting in fatality which occur in the course of clinical practice has caused heightened anxiety among medical practitioners, particularly in England and Wales, where a number of high-profile cases have raised public consciousness of this issue. The full impact of this landscape on individual practitioners and the delivery of healthcare has yet to be ascertained, although research suggests that medical practice has been impacted. Of particular interest is the phenomenon of defensive medicine which occurs where physicians adopt assurance and/or avoidance behaviours in an attempt to minimise the risk of medical negligence litigation and/or to avoid complaints to regulatory bodies. While defensive medicine is traditionally conceived of in a civil context, the possibility of criminal prosecution for patient safety incidents resulting in fatality may also result in alterations to medical practice. Drawing on the findings of an empirical study (a survey), this research sought to explore the impact, if any, of the threat of criminal prosecution on surgical practice in the Republic of Ireland, including a potential rise in defensive practice.