What Happened and Is Happening To R&D and Technology Transfer
By Stephen A. Degnan and Christopher A. Wickander The UPC Agreement defines the principle of exclusive competence of the Unified Patent Court. This exclusive competence applies to both types of European patents i.e. Unitary patents (European patents with unitary effect in all Contracting Member States) and European patents having a national effect in specific designated […]
Opt-Out and Transitional Period In The Unified Patent Court (UPC)
By Axel Casalonga The UPC Agreement defines the principle of exclusive competence of the Unified Patent Court. This exclusive competence applies to both types of European patents i.e. Unitary patents (European patents with unitary effect in all Contracting Member States) and European patents having a national effect in specific designated EPC Member States including UPC […]
A Compilation of Practitioners’ Views—Life Sciences Dispute Resolution
By Judith Schallnau This Compilation of Practitioners’ Views on Life Sciences Dispute Resolution was prepared in light of increasing numbers of life sciences mediations and arbitrations filed with the WIPO Arbitration and Mediation Center (WIPO Center), and in conjunction with a WIPO Center Conference on Dispute Resolution in Life Sciences held on May 22, 2015, […]
On The Use Of Preferential Rights In Intellectual Property Agreements
By Antoine Bellemare This article reviews the four main types of preferential rights—options, rights of first refusal, rights of first offer and rights of first negotiation—and discusses their use, benefits and limitations in ntellectual property agreements.
Message from Patricia A.O. Bunye, LESI President
Read Patricia A.O. Bunye’s June 2016 message. Setting Our Sights On The 4 Cs By Patricia A.O. Bunye, President, LES International I am honored to be serving you as only the third female and the first Filipino and Southeast Asian President of LESI. My LESI journey began in 1994 when, as a first year associate, […]
A Question Of Evolution
By William Bird At the LES conference “Commercial side of IP,” in Warsaw Poland on 18 November, 2015, a participant and speaker (see acknowledgements) raised a question as to the future evolution of global IP and the role of licensing and cross-licensing in it. The opinion was expressed that IP should be free to evolve […]
Is It All In Our Nature?
By E. Kate Berezutskaya When reviewing or negotiating a patent license to a nature-based product, it may be important to consider whether a claim directed to the nature-based product is patent-eligible. Both licensors and licensees may benefit from considering recent developments in U.S. patent law prior to renewing their license agreements or prior to entering […]
Problems That Might Arise In Connection With The Transfer Of Intellectual Property Rights—From A Hungarian Perspective
By Michael Lantos The present paper raises questions rather than provide solutions to the problems raised that concern disputes arising in connection with international assignments of intellectual property rights including patents, trademarks and associated technology.
3D Printing And Public Policy
By John F. Hornick Although legal principles apply to 3D printing the same as they apply to any other technology, 3D printing has the unique potential to upset the legal status quo. It is the potential scale of 3D printing that may have profound effects on the law. 3D printing cuts across many areas of […]
Measuring Marketing: Using Content Analysis To Evaluate Relative Value In Valuation And Reasonable Royalty Analysis
By DeForest McDuff and Daryl Fairweather In valuation and reasonable royalty analysis, economic experts often seek to measure the contribution of a technology to a particular product sold in the marketplace. In recent years, courts have instructed experts to apportion royalties and economic damages to the value contributed by a patented feature relative to non-patented […]