Patent Exhaustion and International Trade Regulation

Patent Exhaustion and International Trade Regulation

This book dives into the legal and economic rationale of patent exhaustion, studying its evolution from the beginning in Germany, UK and USA, to Japan and 10 developing countries. The author also analyses exhaustion under TRIPS, GATT, GATS and major regional agreements, including the EU, before asse...

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Bibliographic Details
Format: Electronic Book Chapter
Language:English
Published: Brill 2023
Subjects:
International law
Intellectual property law
Patents law
Arbitrage
Berne Convention
Doha Declaration
Grey Markets
Implied License
Infringement
Multilateral trade
Parallel Imports
Paris Convention
Public Health Policy
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Summary:This book dives into the legal and economic rationale of patent exhaustion, studying its evolution from the beginning in Germany, UK and USA, to Japan and 10 developing countries. The author also analyses exhaustion under TRIPS, GATT, GATS and major regional agreements, including the EU, before assessing the interface of patent exhaustion with competition policy. The book also addresses public policy concerns of Least developed and developing countries linked to their IPR challenges as IP users. It concludes that an appropriate exhaustion mode under relevant legal measures would protect patents while also restraining patents to become non-tariff barriers.
ISBN:9789004542815
9789004542808
Access:Open Access

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