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Journal articles on the topic 'Conflict of laws – Patents'

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Author: Grafiati

Published: 10 March 2023

Last updated: 11 March 2023

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1

Smith, Tim. "A Phantom Menace? Patents and The Communal Status of Space." Victoria University of Wellington Law Review 34, no. 3 (August 1, 2003): 545. http://dx.doi.org/10.26686/vuwlr.v34i3.5769.

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This paper provides an analysis of the interaction between the most important intellectual property right for the space industry, patents, and the international status of space as a "common area". It suggests that the conventional thesis upon which the application of domestic patent laws to space-based activities rests is an incomplete analysis of the legal interaction. A fundamental conflict between patent rights over inventions that make use of the intrinsic properties of the spaceenvironment is identified, and the implications of this conflict discussed. While the application of domestic patent law to space-based activities is nonetheless almost certainly legitimate as a matter of international law, this paper argues that the combined effect of States' patent grants over spacebased inventions is to undermine the status of space as a "common area".

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2

Kjølbye, Lars. "Article 82 EC as Remedy to Patent System Imperfections: Fighting Fire with Fire?" World Competition 32, Issue 2 (June 1, 2009): 163–88. http://dx.doi.org/10.54648/woco2009018.

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It has been a well-established principle of EC competition law that there is no inherent conflict between competition laws and intellectual property laws. However, there are indications that this view is coming under pressure. The European Commission’s pharmaceutical sector inquiry has identified a toolbox of practices engaged in by originator firms, which allegedly aims at hindering or delaying generic entry or competition from other originators. A number of these practices involve the strategic use of patents. As sector inquiries aim at giving effect to Articles 81 and 82 EC, the Commission’s preliminary findings raise the question whether strategic patenting engaged in by dominant firms is caught by Article 82 EC and, if so, in what circumstances. This article discusses these questions in light of the existing case law on the application of Article 82 EC to refusals to license intellectual property rights, in particular the Microsoft case, which has extended this case law to patents. The article discusses in particular whether practices involving patent clustering, secondary patenting, and defensive patenting may be caught by Article 82 EC.

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3

Contreras, Jorge L. "Private Law, Conflict of Laws, and a Lex Mercatoria of Standards-Development Organizations." European Review of Private Law 27, Issue 2 (April 1, 2019): 245–67. http://dx.doi.org/10.54648/erpl2019015.

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Technical standards created by industry standards-development organizations (SDOs) enable interoperability among products manufactured by different vendors. Over the years, SDOs have developed policies to reduce the risk that SDO participants holding patents covering the SDO’s standards will disrupt or hinder the development and deployment of these standards. These policies, including commitments to license standardsessential patents (SEPs) on terms that are fair, reasonable and non-discriminatory (FRAND), gain transnational application given the international character of SDO activities and are most effectively interpreted and applied on the basis of private law (contractual) principles. However, SDO policies are typically embodied in an SDO’s governing documents, which are in turn regulated by the law of the jurisdiction in which the SDO is based. This somewhat arbitrary linkage of SDO policies to national and state law has created inconsistencies in their interpretation and threatens to spark jurisdictional competition in an unproductive race to the bottom. This article poses the question whether it would be possible to decouple SDO policy interpretation from the patchwork of national and state laws that purport to govern such policies in favour of a common lexicon of interpretive principles derived from the shared understanding of SDO participants: a ‘lex mercatoria’ of standardization.

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4

Oser, Andreas. "The COVID-19 Pandemic: Stress Test for Intellectual Property and Pharmaceutical Laws." GRUR International 70, no. 9 (July 19, 2021): 846–54. http://dx.doi.org/10.1093/grurint/ikab091.

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Abstract The COVID-19 pandemic poses a challenge to certain standards in patent law as well as in pharmaceutical law. This paper discusses questions as to whether and under what conditions government-ordered or privately claimed compulsory licensing can contribute to controlling the pandemic. The existing obstacles and conflicts under the current legal framework, such as a lack of international harmonization and a lack of coherence between patent law (compulsory licensing) and pharmaceutical law (data protection), are outlined and discussed. A possible solution could lie in a modernization of relevant legal provisions to create an internationally harmonized balance between the public interest in using important patents in the present and in future emergency situations and the interest of patent owners and data and market exclusivity holders in allowing exemptions within clearly defined limits. The article concludes with a discussion of conditions that may influence possible solutions.

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5

Lipstein, K. "INTELLECTUAL PROPERTY: PARALLEL CHOICE OF LAW RULES." Cambridge Law Journal 64, no. 3 (November 2005): 593–613. http://dx.doi.org/10.1017/s0008197305006975.

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IN a previous article it was contended that for the purpose of the conflict of laws the structure of immaterial property law (which term is used here to include patents and the like) is exceptional. Due to its privileged character accorded by the sovereign local authority it is territorial in the dual sense that such laws are strictly confined in their operation to their country of origin and that within that territory the application of foreign immaterial property law is excluded by its inherent limitation. In English and Commonwealth law this insight was concealed until recently by the assertion that the courts could only exercise jurisdiction in respect of claims based on their own national intellectual property law. Jurisdiction was thus functionally linked to the exclusive sphere of the applicable law.

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6

Rahmani, Somayeh, Amir Mahdi Ghorbanpoor Zarehshuran, and Hamideh Rahanjam. "Evaluation of Rights Related to Public Health and Pharmaceutical Patents and Existing Conflicts According to National and International Laws." Journal of Qazvin University of Medical Sciences 24, no. 3 (August 1, 2020): 258–69. http://dx.doi.org/10.32598/jqums.24.3.6.

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Today, along with the relative expansion of public health around the world, various diseases such as AIDS, malaria, etc. are increasing in human societies. In this regard, the pharmaceutical industry is one of the most important industries that should be supported so that the inventors of new drugs have enough motivation to produce more effective drugs. On the other hand, the undeniable benefits of supporting pharmaceutical inventions pose a serious threat to developing and less developed countries, and may endanger the public health of these societies. In such situation, we should know which of these two principles is preferable to other and should be given priority: Public health as a basic human right or protection of pharmaceutical patents as an exclusive right of its owners? One of the most important issues discussed directly and indirectly in the World Trade Organization is ”public health”, especially the drug trade and the protection of pharmaceutical patents, and this organization has always protected the rights of drug inventors to maintain a balance between public health and freedom of access to medicine. Therefore, any legal system that wants to join this organization may face problems due to these two issues. This study aims to investigate the conditions and challenges of supporting pharmaceutical patents in legal systems in case of accession to the World Trade Organization.

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7

Dutt, Pawan, and Tanel Kerikmäe. "Reverse Payment Patent Settlements in the Pharmaceutical Sector and Competition Law – Do Lundbeck and Actavis Help to Bridge the Views Across the Atlantic Regarding the Delayed Market Entry of Cheaper, Generic Medicines?" International and Comparative Law Review 13, no. 1 (June 1, 2013): 23–38. http://dx.doi.org/10.1515/iclr-2016-0056.

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Abstract Competition law and Intellectual Property law are remarkably divergent in scope and thus make for uneasy bedfellows. Although they both purport to help the consumer, their effects on the common market can be strikingly different. Recent decisions in the European Union and the United States of America have brought into focus the role of reverse payment patent settlement agreements. These agreements are generally of a commercial nature, and are agreements to settle actual or potential disputes which are related to patents. The questions which are sought by the parties to mutually settle range from infringement of a patent or the validity of a patent. When such a settlement agreement between a patent holder (in this instance the originator company) and a patent challenger (being a generic company) involves a value transfer from the originator to the generic company, coupled with a provision to limit or restrict the generic company’s ability to market its own product on the market, then certain interesting areas of conflict tend to come forward. The question arises whether this is simply a case of a company paying off its competitors to stay out of its market and delay the entry of cheaper, generic medicines, and is thus purely anticompetitive and harmful to consumers? Or whether the right to settle a patent dispute within the scope of patent laws is something which is outside the domain of Competition law? The European Commission and the Federal Trade Commission have displayed similar levels of distrust towards such commercial settlement agreements, and now the United States Supreme Court has weighed in with its own opinion. It remains to be seen how this matter will develop further in the courtrooms on both sides of the Atlantic.

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8

Tang, Zheng Sophia. "Validity in patent infringement proceedings – a new approach to transnational jurisdiction." Queen Mary Journal of Intellectual Property 11, no. 1 (February 19, 2021): 47–68. http://dx.doi.org/10.4337/qmjip.2021.01.03.

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Validity is frequently raised as an issue in patent infringement proceedings, either as a defence or as a preliminary question. Where a court may hear a dispute in relation to infringement of foreign patents, whether the court could and should adjudicate their validity is controversial. This article examines five approaches to this matter. It concludes that none of these approaches is perfect and that there is a lack of evidence-based assessment as to their efficiency. It then moves on to discuss the similar jurisdictional segregation which occurs between validity and infringement at the domestic level in those countries which have adopted a bifurcation system of patents. It suggests that measures adopted domestically may shed light on the international conflict, and that courts should consider factors exceeding those ordinarily considered by international lawyers. A jurisdiction ‘matrix’ is proposed, aimed at providing a pragmatic solution. It grants the court on infringement the initial power to screen the likelihood of success of the infringement claim and then the validity defence, taking into account the accuracy of decision, expertise, chances of success, sound management of justice and deterrence of torpedo defences, before making a decision on validity jurisdiction.

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9

Qisheng, He. "Chronology of Practice: Chinese Practice in Private International Law in 2020." Chinese Journal of International Law 20, no. 3 (September 1, 2021): 581–623. http://dx.doi.org/10.1093/chinesejil/jmab031.

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Abstract This survey contains materials reflecting the practice of Chinese private international law in 2020. First, regarding changes in the statutory framework of private international law in China, three legislative acts, one administrative regulation on the Unreliable Entity List and ten judicial interpretations of the Supreme People’s Court were adopted or amended in 2020 on a wide range of matters, including conflict of laws, punitive damages, international civil procedure, etc. Second, 11 typical cases involving Chinse courts’ jurisdiction are selected to highlight the development in Chinese private international law, involving standard essential patents, abuse of market dominance, declaration of non-infringement of patent, asymmetric choice of court agreement and other matters. Third, nine cases on choice of law questions relating, in particular, to habitual residence, rights in rem, matrimonial property regimes and ascertainment of foreign law, are examined. Fourth, five cases involving anti-suit injunction or anti-enforcement injunction are reported and one introduced in detail. Fifth, the first occasion for on international judicial assistance of extracting DNA, as well as three representative cases on the recognition and enforcement of foreign judgments, are discussed. The Statistics of international judicial assistance cases in China is first released in this survey. Finally, this survey also covers five recent decisions illustrating Chinese courts’ pro-arbitration attitude towards the uncertainty brought about by contractual clauses referring to both litigation and arbitration.

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10

Voon, Tania, and Andrew D. Mitchell. "Patents and Public Health in the WTO, FTAs and Beyond: Tension and Conflict in International Law." Journal of World Trade 43, Issue 3 (June 1, 2009): 571–601. http://dx.doi.org/10.54648/trad2009023.

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By mandating patent protection for pharmaceutical products, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) of the World Trade Organization (WTO) creates difficulties for developing countries seeking to import medicines to deal with serious public health concerns. In 2001, WTO Members began working towards a solution to this problem. Their work led to a temporary waiver of certain TRIPS obligations and a proposal for a formal amendment of the TRIPS Agreement. However, the waiver remains underutilized and the amendment still lacks the necessary support of WTO Members for it to come into effect, suggesting that Members need to re-evaluate their commitment to affordable medicines while testing the workability of the waiver before making it permanent. Moreover, the potential of bilateral approaches to the problem of access to medicines for developing countries in the context of international trade is not being realized. On the contrary, preferential trade agreements concluded with the United States (US), in particular, are extending patent protection and diminishing flexibilities available under the TRIPS Agreement to address public health concerns. A pattern of contradictions exists between the WTO rhetoric on the one hand and Members’ domestic frameworks, bilateral agreements, and unilateral actions on the other. When it comes to attaining a coherent approach under international law towards reconciling patents and public health, the outlook is bleak.

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11

Clugston, Christopher J. "International Exhaustion, Parallel Imports, and the Conflict between the Patent and Copyright Laws of the United States." Beijing Law Review 04, no. 03 (2013): 95–99. http://dx.doi.org/10.4236/blr.2013.43012.

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12

Ordover, Janusz A. "A Patent System for Both Diffusion and Exclusion." Journal of Economic Perspectives 5, no. 1 (February 1, 1991): 43–60. http://dx.doi.org/10.1257/jep.5.1.43.

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Public policy analysis of optimal patent regimes is often framed as a tradeoff between static and dynamic efficiency. In this analytical framework, weak patent protection and strict antitrust policy are taken to be directed toward static concerns, while protection of intellectual property through strong patent laws is taken as a reflection of broader social concerns for long-run growth and technological progress. This characterization has some truth, but the magnitude of the conflict between static and dynamic efficiency, can easily be exaggerated. In this article, I want to argue that weak patent protection need not be inimical to economic growth and, conversely, that strong patent protection need not be an enemy of diffusion. Appropriately structured patent law and antitrust rules can together ensure incentives for R&D and also induce cooperation among firms in diffusing R&D results through licensing and other means. At the same time, cooperation among firms at the R&D stage can counterbalance weak patent protection by internalizing spillovers from ongoing R&D programs, and such cooperation may also produce additional spillovers from the existing knowledge.

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13

Xiong, Ping. "Patents in TRIPS-Plus Provisions and the Approaches to Interpretation of Free Trade Agreements and TRIPS: Do They Affect Public Health?" Journal of World Trade 46, Issue 1 (February 1, 2012): 155–86. http://dx.doi.org/10.54648/trad2012006.

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The proliferation of regional or bilateral Free Trade Agreements (FTAs) has seen the adoption of an increasing number of TRIPS-plus measures to provide heightened levels of intellectual property protection. One implication is that protection of public health may be affected if access to medicines is restricted by the relevant patent provisions in these TRIPS-plus provisions. The interpretation approach adopted by WTO has led to an understanding of TRIPS in a manner supportive to public health. Many FTAs have established their own interpretation approach that will also impact on issues concerning access to medicines and public health. The patent provisions in the TRIPS-plus provisions seem to cause conflict between the protection of public health in TRIPS and that in TRIPS-plus regimes if higher levels of patent protection are adopted in FTAs. This article analyses the relationship between the approaches to interpretation of TRIPS and TRIPS-plus and discusses the impact of this interpretive relationship. This article examines the object and purpose of TRIPS and its subsequent developments for the interpretation of TRIPS-plus. This article then discusses the justification of heightened patent protection in the TRIPS-plus and the justification narrative upon the interpretation of the patent provisions in FTAs. This article then concludes that the interpretation of the patent protection provisions in the TRIPS-plus should be conducted with reference to TRIPS and its subsequent developments in order to harmonize TRIPS and TRIPS-plus in the context of public health protection.

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14

Schmidt, Hedvig. "Competition Law and IP Rights: Not So Complementary: Time for Re-alignment of the Goals?" World Competition 42, Issue 4 (December 1, 2019): 451–74. http://dx.doi.org/10.54648/woco2019025.

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This article argues through a US/EU comparative assessment of the intellectual property (IP) law goals and competition law goals that whilst the overarching goals of competition law and IP rights to enhance overall economic welfare are still complementary, internal conflicts within the two legal spheres are jeopardizing the achievement of these goals. Within the IP laws the private/public reward/incentive to innovate equilibrium is now being tilted in favour of private interests due to recent developments in terms of rapid innovation in digital economy markets and technologies coupled with an expansion of IP rights and increase in patents grants and their width. This has a knock-on effect on the application of the competition rules as a second-tier regulator of IP rights. However, the competition rules also face its own battle in keeping up with the fast-developing digital economy, the concerns regarding Big Data and online platforms raising questions about the sustainability of the ‘consumer welfare’ framework as an optimal standard to ensure effective competition in these markets. Consequently, there is a danger that the competition rules and the IP rights will be out of quilter, risking stifling of innovation and harm to consumer welfare, unless adjustment is made within the two legal spheres.

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15

Wang, Hei, Yung Chi, and Ping Hsin. "Constructing Patent Maps Using Text Mining to Sustainably Detect Potential Technological Opportunities." Sustainability 10, no. 10 (October 17, 2018): 3729. http://dx.doi.org/10.3390/su10103729.

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With the advent of the knowledge economy, firms often compete for intellectual property rights. Being the first to acquire high-potential patents can assist firms in achieving future competitive advantages. To identify patents capable of being developed, firms often search for a focus by using existing patent documents. Because of the rapid development of technology, the number of patent documents is immense. A prominent topic among current firms is how to use this large number of patent documents to discover new business opportunities while avoiding conflicts with existing patents. In the search for technological opportunities, a crucial task is to present results in the form of an easily understood visualization. Currently, natural language processing can help in achieving this goal. In natural language processing, word sense disambiguation (WSD) is the problem of determining which “sense” (meaning) of a word is activated in a given context. Given a word and its possible senses, as defined by a dictionary, we classify the occurrence of a word in context into one or more of its sense classes. The features of the context (such as neighboring words) provide evidence for these classifications. The current method for patent document analysis warrants improvement in areas, such as the analysis of many dimensions and the development of recommendation methods. This study proposes a visualization method that supports semantics, reduces the number of dimensions formed by terms, and can easily be understood by users. Since polysemous words occur frequently in patent documents, we also propose a WSD method to decrease the calculated degrees of distortion between terms. An analysis of outlier distributions is used to construct a patent map capable of distinguishing similar patents. During the development of new strategies, the constructed patent map can assist firms in understanding patent distributions in commercial areas, thereby preventing patent infringement caused by the development of similar technologies. Subsequently, technological opportunities can be recommended according to the patent map, aiding firms in assessing relevant patents in commercial areas early and sustainably achieving future competitive advantages.

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16

Chen, Lung-Sheng. "Reconsidering Conflicts over Gene Patents in View of Taiwan Patent Law." Biotechnology Law Report 39, no. 2 (April 1, 2020): 100–112. http://dx.doi.org/10.1089/blr.2020.29162.lsc.

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17

Gaborcik, Joshua W., Melissa J. Snider, Margueritte Hevezi, Allison Wehr, and Kavita Sharma. "Description of Discordance Between LDL Cholesterol, Non-HDL Cholesterol, and LDL Particle Number Among Patients of a Lipid Clinic." INNOVATIONS in pharmacy 8, no. 3 (September 26, 2017): 14. http://dx.doi.org/10.24926/iip.v8i3.539.

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Background: While LDL cholesterol measures the cholesterol content within an LDL particle (LDL-P), it may not reflect LDL-P concentrations. If discordance exists, LDL-P may better predict cardiovascular events compared to LDL-C and non-HDL cholesterol (non-HDL-C). In primary prevention patients, discordance has been associated with diabetes, ethnicity, gender, metabolic syndrome, and smoking history. Objective: To describe discordance in patients of a lipid clinic by exploring associations between patient characteristics and discordance among LDL-C, non-HDL-C, or LDL-P. Secondarily to compare proportion of patients with baseline concordance versus discordance who have ASCVD events, diagnoses of new onset diabetes or death. Methods: A retrospective, single-center cohort study at a large academic medical center was conducted. Patients establishing care from January 2009 through December 2012 with complete initial labs were included. Logistic regression models were used to explore associations between discordance and patient characteristics. Results: Of 603 patients screened, the final cohort included 166 patients with 104 (62.7%) discordant. LDL-P was the most common discordant value. Discordance was associated with gender, smoking status, use of lipid lowering medications, and achieving patient specific LDL-C goals. In terms of any event observed after initial measurements, no significant differences were detected between discordant and concordant groups. Conclusion: Within a lipid clinic population, discordance was associated with male gender, smoking status, lipid-lowering therapy, and being at patient specific LDL-C goal. While associations were found in our population, clinicians should consider measuring LDL-P to fully assess presence or extent of discordance. Conflict of Interest We declare no conflicts of interest or financial interests that the authors or members of their immediate families have in any product or service discussed in the manuscript, including grants (pending or received), employment, gifts, stock holdings or options, honoraria, consultancies, expert testimony, patents and royalties. Type: Original Research

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18

Loderer, Gaspare Tazio, and Peter Georg Picht. "Arbitration in SEP/FRAND Disputes: Overview and Core Issues." Journal of International Arbitration 36, Issue 5 (September 1, 2019): 575–94. http://dx.doi.org/10.54648/joia2019029.

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This article takes a look at arbitration in intellectual property matters with regards to the licensing of standard-essential patents (SEPs) on fair, reasonable, and non-discriminatory (FRAND) terms. Due to the digital transformation, the importance of FRAND licensing of SEPs is likely to increase and with it the need for appropriate conflict resolution. This is where arbitration can come into play due to its flexibility and efficiency. The resolution of SEP/FRAND disputes through Alternative dispute resolution (ADR) is also supported by administrative and judicial bodies and institutions such as the International Court of Arbitration of the International Chamber of Commerce (ICC) or the World Intellectual Property Organization (WIPO) have already gained experience in this field. The article lays down particularities regarding the scope of arbitration in such disputes before briefly touching upon the question of arbitrability. Due to the lack of a law applicable to a pre-existing contract in prototypical SEP/FRAND constellations, the choice of law is also of importance. A special emphasis is put on the issue of confidentiality in view of a public interest in having access to key results of SEP/FRAND arbitration proceedings. As set forth in the article, the FRAND ADR Guidelines authored by the Munich IPDR Forum propose a solution in the form of disclosure of the FRAND determination methodology to a neutral instance, subject to party approval. Lastly, the article looks at how state courts might assess licenses reached in alternative dispute resolution and examines whether EU competition law is a public policy hurdle in subsequent enforcement proceedings.

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19

Zenker, Ilona. "KNOWLEDGE BEYOND BORDERS." KNOWLEDGE INTERNATIONAL JOURNAL 30, no. 1 (March 20, 2019): 273–75. http://dx.doi.org/10.35120/kij3001273z.

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―Common knowledge‖ refers to information that the average, educated citizen would accept as reliable without checking it up. The ―personal knowledge‖ possessed by any individual, usually accumulated through observation, research or personal experiences. ―Intellectual knowledge‖ is any product of the human intellect that the law protects from unauthorized use by others. Intellectual property is legally protected as patent, copyright or trademark. Knowledge can only skip borders in case of a proper knowledge transfer (KT). KT can be difficult because of different views on explicitness of knowledge, language, geography, generational differences, religions aspects, political influence, competition, economical issues, national and international conflicts, migration, misconceptions, mutual trust, rewards, timeframe, IT capacities, faulty information, motivation issues or communication. Communication can be a boundary. Effective knowledge transfer requires an effective understanding between sender and receiver. Every field of knowledge has its own jargon and special technical terms. To solve ―syntactic boundaries‖, a common lexicon for terms must be developed. Now sender and receiver have to find a common understanding to avoid misinterpretation. Semantic boundaries‖ focus on translating knowledge and to develop common interpretations. ―Pragmatic boundary‖ is the conflict of the different interest for the parties to use knowledge. Knowledge beyond borders has to deal with legal borders, which are national and international regulation and laws. Transferring knowledge without legal protection would lead to unauthorized access or even illegal alteration of knowledge. If a source of knowledge must be afraid to lose control over his intellectual property it could cause a total stop of exchanging of knowledge, especially beyond borders. Therefore protection of intellectual property is the bridge to overcome such borders. Under German law intellectual knowledge is protected by: German Patent Act: A patent is an official right to be the only person or company allowed to make or to sell a new product or a new idea for a certain period of time. A German patent can be obtained through the direct filing of a national patent application with the German Patent and Trade Mark Office, through the filing of a European patent application or through the filing of an international application under the Patent Cooperation Treaty. The German patent has a term of 20 years. German Trademark Act: A trademark is a recognizable sign or design, capable of distinguishing the goods or services of one enterprise from those of other enterprises. A trademark may be established through actual use in the marketplace, or through registration of the mark with the trademarks office. German Copyright Act: Another type of intellectual property is creative works such as paintings, writing, architecture, software, photos, dance and music are protected by the German Copyright Act (Urheberrechtsgesetz). The copyright law protects an author regarding their intellectual and personal relationship to the work and the types of its utilization. A work and the knowledge behind must meet certain minimum criterions to qualify for copyright protection. There a different kinds of copy rights, which are exclusive licences, exploitations rights, non-exclusive and exclusive rights of use. The length of protection also varies depending on when the work was created or first published. The true source of improving human welfare is knowledge without borders. Therefore it is more important than ever to protect the intellectual knowledge to distribute knowledge over national and international borders without harming the source of knowledge, which is at the end the mind of an individual person. As a consequence borders will become bridges.

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Gebeshuber, I. C., P. Gruber, and M. Drack. "A gaze into the crystal ball: Biomimetics in the year 2059." Proceedings of the Institution of Mechanical Engineers, Part C: Journal of Mechanical Engineering Science 223, no. 12 (October 21, 2009): 2899–918. http://dx.doi.org/10.1243/09544062jmes1563.

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Biomimetics is a field that has the potential to drive major technical advances. It might substantially support successful mastering of major global challenges. In the first part of the article, the current state of biomimetics is reviewed, and goals and visions of biomimetics are presented. Subsequently, possible biomimetic scenarios to overcome the major global challenges, as indicated by the Millennium Project, are envisaged. Those of the 15 challenges (sustainable development, water, population and resources, democratization, long-term perspectives, information technology, the rich—poor gap, health, capacity to decide, peace and conflict, status of women, transnational crime, energy, science and technology, and global ethics) where biomimetics might provide relevant contributions are considered in more detail. The year 2059 will mark the 100th anniversary of Part C of the Proceedings of the Institution of Mechanical Engineers, the Journal of Mechanical Engineering Science. By this time, some of these challenges will hopefully have been successfully dealt with, possibly with major contribution from biomimetics. A new Leitwissenschaft and a new type of ‘biological technology’ are emerging, and in biology more and more causation and natural laws are being uncovered. In order to estimate the fields of biology from which technical innovations are likely to appear, the amount of causal knowledge is estimated by comparing it with correlational knowledge in the respective fields. In some fields of biology, such as biochemistry and physiology, the amount of causal laws is high, whereas in fields such as developmental biology and ecology, we are just at the beginning. However, sometimes ideas and inspirations can also stem from nature when the causations are not known. The biomimetic approach might change the research landscape and the engineering culture dramatically, by the blending of disciplines (interdisciplinarity). The term ‘technoscience’ denotes the field where science and technology are inseparably interconnected, the trend goes from papers to patents, and the scientific ‘search for truth’ is increasingly replaced by search for applications with a potential economic value. Although the trend in many scientific fields goes towards applications for the market, a lot of disciplines will stick to the traditional picture of science. An open question left to the future is whether the one development or the other (technoscience or pure science) is an advantage for the future of humans. In the subsequent section, the article gives information about organizations active in biomimetics. It shows the relevance of biomimetics on a global scale, and gives reasons for promoting transdisciplinary learning. Increasing interdisciplinarity calls for novel ways to educate the young. Brian Cambourne's ‘Conditions of Learning’ theory is recommended in this respect. This dynamic and evolving model for literacy learning comprises the concepts immersion, demonstration, engagement, expectations, responsibility, employment, approximation, and response. Each of these conditions supports both the student and the teacher in their discovery of learning, helps provide a context within which to learn, and creates an interactive and dynamic experience between the learner and the content. In the year 2059, researchers and developers who routinely think across boundaries shall successfully implement knowledge in solving the major challenges of their time!

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21

Beck, Michaël. "Conflicts of Laws in Proceedings Before the European Patent Office." IIC - International Review of Intellectual Property and Competition Law 48, no. 8 (October 17, 2017): 925–52. http://dx.doi.org/10.1007/s40319-017-0643-5.

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22

Reese, Willis L. M., Eugene F. Scoles, and Peter Hay. "Conflict of Laws." American Journal of Comparative Law 33, no. 2 (1985): 332. http://dx.doi.org/10.2307/840211.

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23

Rammeloo, Stephan. "Book Review: Conflict of Laws." Maastricht Journal of European and Comparative Law 9, no. 1 (March 2002): 104–7. http://dx.doi.org/10.1177/1023263x0200900106.

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24

Basedow, Jürgen. "Consistency in EU Conflict of Laws." Korea Private International Law Journal 24, no. 2 (December 31, 2018): 433–60. http://dx.doi.org/10.38131/kpilj.2018.12.24.2.433.

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25

Margo, Rod D. "Conflict of Laws in Aviation Insurance." Air and Space Law 19, Issue 1 (February 1, 1994): 2–7. http://dx.doi.org/10.54648/aila1994001.

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26

Polak, Maurice V. "Conflict of Laws in the Air." Air and Space Law 17, Issue 2 (April 1, 1992): 78–86. http://dx.doi.org/10.54648/aila1992015.

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Park, Jung Ho. "Change of post-conflict Cadastral laws." Journal of the Korean Cadastre Information Association 22, no. 1 (April 30, 2020): 18–31. http://dx.doi.org/10.46416/jkcia.2020.04.22.1.18.

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28

BRIGGS, A. "Conflict of Laws: Postponing the Future?" Oxford Journal of Legal Studies 9, no. 2 (1989): 251–59. http://dx.doi.org/10.1093/ojls/9.2.251.

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29

Rogerson, Pippa. "CONFLICT OF LAWS – FOREIGN COPYRIGHT JURISDICTION." Cambridge Law Journal 69, no. 2 (June 11, 2010): 245–47. http://dx.doi.org/10.1017/s0008197310000437.

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30

Hartley, Trevor C. "‘LIBEL TOURISM’ AND CONFLICT OF LAWS." International and Comparative Law Quarterly 59, no. 1 (January 2010): 25–38. http://dx.doi.org/10.1017/s0020589309990029.

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AbstractThis article considers the problem of ‘libel tourism’ (forum shopping in transnational libel cases) from the point of view of English and EU law (both relevant in certain situations). If proceedings are brought in a forum having no real connection with the case, and if the lex fori is applied, free speech in other countries could be undermined. This is particularly a problem where the case is brought in England, because of the pro-claimant slant of English libel law. The article notes when English conflicts law is applicable and when EU conflicts law is applicable, and explains the English and EU law regarding choice of law, jurisdiction and forum non conveniens in order to assess whether there is a genuine problem. It concludes that there is, particularly with regard to the Internet. Possible solutions are suggested.

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31

Harris, J. "Tracing and the Conflict of Laws." British Yearbook of International Law 73, no. 1 (January 1, 2003): 65–101. http://dx.doi.org/10.1093/bybil/73.1.65.

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32

Gray, Anthony. "Conflict of laws and the cloud." Computer Law & Security Review 29, no. 1 (February 2013): 58–65. http://dx.doi.org/10.1016/j.clsr.2012.11.004.

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Vygovskyy, Oleksandr. "Conflict of laws issues related to securities transactions." Informatologia 52, no. 1-2 (June 30, 2019): 45–54. http://dx.doi.org/10.32914/i.52.1-2.5.

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In this article we examine the conflict of laws issues of cross-border securities transactions. It deals with the problems of attributing lex situs to securities held under direct holding system and conflict of laws problems related to intermediated securities. We analyze possible variants of the conflict of laws rule for the securities and formulate our own attitude towards identification of the most efficient solutions of conflict of laws issues

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Vygovskyy, Oleksandr. "Conflict of laws issues related to securities transactions." Media, culture and public relations 10, no. 1 (March 31, 2019): 57–66. http://dx.doi.org/10.32914/mcpr.10.1.6.

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In this article we examine the conflict of laws issues of cross-border securities transactions. It deals with the problems of attributing lex situs to securities held under direct holding system and conflict of laws problems related to intermediated securities. We analyze possible variants of the conflict of laws rule for the securities and formulate our own attitude towards identification of the most efficient solutions of conflict of laws issues.

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35

Harmon, Shawn H. E. "From conflicting narratives to legal conflicts." Medical Law International 12, no. 3-4 (December 2012): 191–203. http://dx.doi.org/10.1177/0968533213487059.

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Life sciences innovation has prompted both optimism and angst, and has been the subject of intensive economic and commercial activity. That activity has been supported by legal institutions and mechanisms in the form of intellectual property law deployments. However, recent jurisprudence has put the unaltered pursuit of commercial gain in the life sciences into some (slight) doubt, and has reinvigorated the so-called `life patents' debate. This paper considers these recent judicial developments, focusing in particular on how different narratives and approaches to biovalue have coloured litigant approaches. It goes on to consider briefly what these cases and the divergent world views represented within them might mean for the regulation of life science commercial practices moving forward.

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Novikova, Tatiana V. "Application by Court of the Closest Connection Principle as General Gapfilling Conflict of Laws Rule." Rossijskoe pravosudie, no. 12 (November 25, 2021): 34–41. http://dx.doi.org/10.37399/issn2072-909x.2021.12.34-41.

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Problem Statement. Addition of new conflict of laws rules to the section VI of the Civil Code of the Russian Federation and exclusion of corresponding relations from the closest connection principle domain in 2013 raise the issue of this principle regulative potential in the modern context. Goals and Tasks of the Research. The main goal of the research is to substantiate relevance for application by court of the closest connection principle as general gap-filling conflict of laws rule. The indicated goal presupposes two tasks: firstly, on the basis of legal doctrine and judicial acts analysis to reveal legal relations for which there is no conflict of laws rule at the moment; and, secondly, to make analysis of specific case where multinational foreign elements do not permit to solve conflict of laws. Methods. Methods of the research embrace general scientific and particular scientific. The first are the general tools of logic, including analysis, synthesis, induction, deduction and analogy, as well as systemic approach according to which the native conflict of laws is considered as integrated system. The key role among the second plays the comparative legal method which allows to compare positions of legal doctrine and various judicial acts regarding application of the closest connection principle. Results, Brief Conclusion. Thesis is substantiated that the closest connection principle as general gap-filling conflict of laws rule will be relevant as far as social relations are evolving and its new forms require legal, including conflict of laws, regulation. The author makes conclusion that the closest connection principle under para. 2 art. 1186 of the Civil Code of the Russian Federation should be applied by court, firstly, when conflict of laws (on the level of international treaty, national legislation and custom) has no rule for private legal relation of international character; and, secondly, when coexistence of several multinational elements, all relevant from the point of view of the applicable conflict of laws rule, does not permit to solve the conflict of laws.

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Collier, J. G. "Conflict of Laws and Enforcement of Foreign Public Laws: Antipodean Attitudes." Cambridge Law Journal 48, no. 1 (March 1989): 33–36. http://dx.doi.org/10.1017/s0008197300108281.

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38

Марышева, Наталия, and Nataliya Maryshyeva. "Modern Trends of Conflicts of Laws Regulation of Tort Liabilities: EU Regulation of 2007 “On the Law Applicable to Non-Contractual Obligations” (Rome II) and the Russian Legislation." Journal of Russian Law 4, no. 6 (May 30, 2016): 0. http://dx.doi.org/10.12737/19766.

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The article is devoted to the conflict of laws regulation of torts under Rome II (Regulation (EC) No. 864/2007 of the European Parliament and of the Council of 11 July 2007 “On the law applicable to non-contractual obligations”) and under the Russian legislation. The analysis of the Rome II provisions and the relevant norms of the Civil Code of the Russian Federation (including significant changes made to the Code by the Federal Law of the Russian Federation, dated 30 September 2013) identifies current trends in the development of conflict of laws regulation of torts and the impact of the Rome II Regulation on the Russian legislation. The author notes that in the Russian legislation, as well as in Rome II, the operation of the basic conflict of laws rule is combined with the operation of special conflict of laws rules; the possibility to use the autonomy of the will of the parties in conflict of laws of torts is extended; the use of the principle of closer connection with the tort is allowed, though in a more restricted form than in Rome II. The author regards the whole complex of the conflict of laws rules on torts in the modern Russian legislation as the result of development towards softening of the basic conflict of laws rule aimed at the creation of a more flexible framework for conflict of laws regulation of torts. Here the provisions of the Rome II served as a sample in many ways.

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Moser, Petra. "How Do Patent Laws Influence Innovation? Evidence from Nineteenth-Century World's Fairs." American Economic Review 95, no. 4 (August 1, 2005): 1214–36. http://dx.doi.org/10.1257/0002828054825501.

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Studies of innovation have focused on the effects of patent laws on the number of innovations, but have ignored effects on the direction of technological change. This paper introduces a new dataset of close to fifteen thousand innovations at the Crystal Palace World's Fair in 1851 and at the Centennial Exhibition in 1876 to examine the effects of patent laws on the direction of innovation. The paper tests the following argument: if innovative activity is motivated by expected profits, and if the effectiveness of patent protection varies across industries, then innovation in countries without patent laws should focus on industries where alternative mechanisms to protect intellectual property are effective. Analyses of exhibition data for 12 countries in 1851 and 10 countries in 1876 indicate that inventors in countries without patent laws focused on a small set of industries where patents were less important, while innovation in countries with patent laws appears to be much more diversified. These findings suggest that patents help to determine the direction of technical change and that the adoption of patent laws in countries without such laws may alter existing patterns of comparative advantage across countries.

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Leslie, Robert. "Unjustified Enrichment in the Conflict of Laws." Edinburgh Law Review 2, no. 2 (May 1998): 233–41. http://dx.doi.org/10.3366/elr.1998.2.2.233.

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41

Gravir, Gaute Simen. "Conflict of Laws Rules for Norwegian Companies." European Business Law Review 12, Issue 7/8 (July 1, 2001): 146–53. http://dx.doi.org/10.54648/396524.

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42

Swan, John. "Bora Laskin and the Conflict of Laws." University of Toronto Law Journal 35, no. 4 (1985): 580. http://dx.doi.org/10.2307/825542.

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43

Garnett, Richard. "Internationalism in New Zealand conflict of laws." Journal of Private International Law 17, no. 2 (May 4, 2021): 380–97. http://dx.doi.org/10.1080/17441048.2021.1924423.

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44

Lowenfeld, Andreas F., and Lawrence Collins. "Conflict of Laws English Style. Review Essay." American Journal of Comparative Law 37, no. 2 (1989): 353. http://dx.doi.org/10.2307/840172.

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45

Hay, Peter, D. Lasok, and P. A. Stone. "Conflict of Laws in the European Community." American Journal of Comparative Law 36, no. 2 (1988): 359. http://dx.doi.org/10.2307/840414.

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46

Bailey-Harris, Rebecca. "Madame Butterfly and the Conflict of Laws." American Journal of Comparative Law 39, no. 1 (1991): 157. http://dx.doi.org/10.2307/840674.

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47

Allison, Craig Y., and Lea Brilmayer. "Conflict of Laws: Foundations and Future Directions." Michigan Law Review 90, no. 6 (May 1992): 1682. http://dx.doi.org/10.2307/1289441.

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48

Lasok, D., and P. A. Stone. "Conflict of Laws in the European Community." Arab Law Quarterly 4, no. 1 (February 1989): 83. http://dx.doi.org/10.2307/3381449.

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49

Harris, J. "Contractual Freedom in the Conflict of Laws." Oxford Journal of Legal Studies 20, no. 2 (June 1, 2000): 247–69. http://dx.doi.org/10.1093/ojls/20.2.247.

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50

Morse, C. G. J. "Products Liability in the Conflict of Laws." Current Legal Problems 42, no. 1 (1989): 167–95. http://dx.doi.org/10.1093/clp/42.1.167.

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