Конституционно-правовые основы охраны и защиты интеллектуальной собственности
Competition and Intellectual Property Law in the Pharmaceutical Sector deals with the apparent contradiction between intellectual property (IP) rights (particularly patents) and competition law, with a focus on the pharmaceutical sector: in its aim to promote innovation and long-term competition, the patent system in fact provides a temporary right to exclude. The book explores the possibility of adjusting patent policies to better account for the trade-off between static and dynamic welfare and minimize the risks of anticompetitive behaviour, which happens with the misuse of patents. This book, the first to deal with this issue on a global basis, tackles the clashes of case law by Courts and antitrust enforcement by competition authorities that undermine the predictability of solutions to this problem and increase the risk of fundamental rights violations and excessive transitional costs for enterprises.
Examining the approaches to competition and IP regulation in fourteen leading jurisdictions, the analysis provides a comparative perspective on recent relevant regulations and case law in the pharmaceutical sector. Thirty-one contributions by internationally known experts in both fields – judges in specialized courts, chairmen and board members of national competition authorities, and well-known scholars and practitioners – focus on the salient topics and on the interplay between patent law and competition law, with an insight into the human rights issues that arise.
A successful realization of the Russia and Belarus Union State’s project SKIF made a strong impulse to supercomputing in both countries. The scale of positive externalities to a large degree was made of the selected open model of intellectual property management. This made supercomputing available not only to the large corporations and state R&D bodies, but to the small and medium business as well. This resulted in the rise of innovation implementation and their contribution to modernization of Russian and Belarusian economies on the whole.
The subject of this monograph is intellectual property law in Russia. This study focuses on legal mechanisms of protection of intellectual property rights since, in Russia, legislation is the main source of such rights. Though neither judicial practice nor theses propounded in legal literature are formally considered sources of intellectual property law in Russia, they at times seriously affect court rulings, and so much attention is paid to them in this study in dealing with key issues and points of dispute.
All references to legislation in this monograph are valid as of August 2014, but account is taken of amendments to Part Four of the Civil Code that are due to enter into force on 1 October 2014.
This paper is dedicated to the establishment of inclusive legal method in the system of intellectual property rights in terms of information economy.