les Nouvelles - March 2012


  • les Nouvelles - March 2012 - Full Issue
  • PDF, 3.56 MB
  • The Current Realities Of The Classic 25% Rule: An Attempt To Put The House In Order
  • Robert Goldscheider
    This supplements my article “The Classic 25% Rule and The Art of Intellectual Property Licensing” which was successively published in the August, 2011 Duke Law & Technology Review and the September, 2011 issue of les Nouvelles.
    PDF, 212.79 KB
  • University Involvement In Patent Infringement Litigation
  • Jacob H. Rooksby
    Patent infringement litigation can be complex, controversial, and costly. University technology managers may avoid serious consideration or discussion of the activity for these reasons. This article explores the nuances presented by this important, yet often overlooked, aspect of university patent ownership and provides a balanced resource for those wishing to better understand the activity.
    PDF, 269.59 KB
  • Stanford v. Roche: Confirming The Basic Patent Law Principle That Inventors Ultimately Have Rights In Their Inventions
  • Maddy F. Baer, Stephanie Lollo Donahue and Rebecca J. Cantor
    This article will discuss the history of the Bayh-Dole Act, the lower court and Supreme Court decisions in the Stanford case and the potential implications of the Supreme Court decision and practice tips.
    PDF, 188.71 KB
  • Employee-Inventors Compensation
  • Alan Johnson, Catriona Hammer, Takashi Suzuki and Christian Osterrieth
    Numerous countries have statutory provisions which require employers to pay their employee-inventors “compensation” for the inventions they make. However, such laws are completely unharmonized. This leaves employers with research facilities in multiple locations internationally in a deeply unsatisfactory position.
    PDF, 240.30 KB
  • An Economic Perspective On Patent Licensing Structure And Provisions
  • Thomas R. Varner
    The structure and provisions of patent licenses present a number of important issues for firms and individuals concerned with the economics of technology transfer. For example, if a technology license includes financial consideration, what is the motivation for some parties to prefer a running royalty and others to prefer a fixed fee, and why do many technology licenses.
    PDF, 268.89 KB
  • The Role Of Culture In Business Transactions And Protection Of Intellectual Property Rights Within Asian Countries Such As China And Japan — Part I
  • Martha Magadalena Kleyn, PhD.
    This series of Part I and Part II will provide a brief overview of the differences in developing and implementing intellectual property strategy business models when considering exploiting intellectual property as part of your business strategy in Asian countries.
    PDF, 215.23 KB
  • Database Protection And Exploitation In Australia
  • Joshua Henderson
    Copyright protection of databases is waning in Australia. Database owners were previously thought to have copyright protection even in works that did not require any intellectual effort to create. However, the High Court of Australia’s 2009 decision in Nine Network Australia v IceTV1 (IceTV) and its refusal in September 2011.
    PDF, 241.94 KB
  • The Economics And Controversies Of Nonpracticing Entities (NPEs): How NPEs And Defensive Patent Aggregators Will Change The License Market - Part 1
  • Jiaqing “Jack” Lu
    This supplements my article “The Classic 25% Rule and The Art of Intellectual Property Licensing” which was successively published in the August, 2011 Duke Law & Technology Review and the September, 2011 issue of les Nouvelles.
    PDF, 256.49 KB
  • Innovation Beyond Borders And Across Industries: A Framework For Innovation Scouting
  • Nitin Chaudhary
    Knowledge Monopolies Don’t Exist AnymoreIn the year 2000, Procter & Gamble (P&G) set up an innovation strategy with the aim to leverage external expertise. P&G estimated that for every scientist within its walls, there were 200 experts outside the organisation who had similar skills. This forward-looking innovation strategy resulted in the Connect & Develop program that has since been a major success for P&G, contributing to as many as 35 percent of P&G’s products. Scouting for innovative ideas is no more a serendipitous encounter; but a must-do activity for any organization keen to explore opportunities to grow.
    PDF, 229.64 KB
  • R&D Agreements In German And EU Law–Practical Guidelines Under Contract, Tax, Anti-Trust & Subsidy Law - Part 2
  • Christian Czychowski, Heinz Goddar, Annette Keller and Dirk Pohl
    The Role of R&D Agreements in BusinessTechnology Transfer in General and R&D nnovation is the driving force in a globalized world, securing growth and employment. The success of many businesses depends on their ability to present innovative products. As the cycles of innovation are getting shorter, the role of research and development is getting more important. A high level of dynamism is necessary to meet the challenges of the so called “knowledge society.
    PDF, 296.46 KB
  • Compulsory Licensing - The German And EU Perspective
  • Heinz Goddar
    As in other European countries, Germany provides various ways for patented inventions to be made available for use by third parties, e.g. by licensing, even in cases where the patentee does not volunteer a licence.The various ways in which this is done under German law are, namely, the Public Use Order,
    PDF, 202.33 KB
  • Compulsory Licensing Under Patents In Taiwan
  • Mei-Hsin Wang
    The proposed Taiwan Patent Act with the new provisions allowing for the grant of compulsory licences on pharmaceutical products to be exported to developing countries will certainly place a focus on the issue and be of concern to patent owners in developed countries
    PDF, 261.61 KB
  • Compulsory Licenses Under Australian Patents
  • Rodney DeBoos
    The proposed Taiwan Patent Act with the new provisions allowing for the grant of compulsory licences on pharmaceutical products to be exported to developing countries will certainly place a focus on the issue and be of concern to patent owners in developed countries.
    PDF, 227.78 KB
les Nouvelles