-PDF Download- Innovation Law And Policy In The European Union EBOOK

Innovation Law and Policy in the European Union

Author: Massimiliano Granieri

Publisher: Springer Science & Business Media

Published: 2012-07-13

Total Pages: 209

ISBN-13: 8847019176

The book provides a critical overview of innovation policy in Europe and a synopsis of the current institutional framework of Europe shaped after the Europe2020 strategy and in view of the upcoming Horizon2020 agenda. What emerges is a rather gloomy outlook for the future of Europe's innovation, unless EU institutions and Member States will decide to streamline existing policies and build a "layered" model of innovation, in which governments act as investors in key enabling infrastructure such as ICT and education; as enablers of large technology markets where researchers and entrepreneurs can meet; and as purchasers of innovation when key societal challenges are at stake. The book contains proposals for the future innovation strategy of the EU and a specific analysis of areas such as the unitary patent, the transfer of technology (particularly as far as climate-related technologies and IP markets are concerned), standardization, and the digital agenda.

The Innovation Policy of the European Union

Author: Susana Borrás

Publisher: Edward Elgar Publishing

Published: 2003-07-29

Total Pages: 258

ISBN-13: 9781781009789

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Recoge: Part 1. Informing innovation policy : measurement issues - Part 2. Improving innovation policy : strategic issues.

Intellectual Property, Human Rights and Competition

Author: Abbe Elizabeth Lockhart Brown

Publisher: Edward Elgar Publishing

Published: 2012-01-01

Total Pages: 273

ISBN-13: 085793497X

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ÔAbbe BrownÕs new work provides a welcome and extremely valuable addition of the human rights dimension to the long standing conflict over essential technologies between intellectual property and competition law.Õ Ð Steven Anderman, University of Essex, UK and University of Stockholm, Sweden ÔMuch has been written on the flexibilities available within the intellectual property system to address development and social needs. This book goes a step further: it explores how greater access to essential technologies can be ensured through human rights and competition law. Although the analysis is focused on UK and the European Union, the book provides valuable insights for assessing the situation in other jurisdictions. The author suggests an innovative approach for courts and legislators to overcome, in the light of public interest considerations, the limits imposed by intellectual property rights. This book is a much welcomed contribution to academic and policy debates on the subject.Õ Ð Carlos M. Correa, University of Buenos Aires, Argentina ÔIntellectual property interacts (or clashes?) with human rights and competition law. The refreshing bit about this book is that a detailed practical approach to the inevitable balancing act is proposed. Abbe Brown explains how a human rights approach is the cornerstone of such a balancing approach and how positive results can be achieved towards unblocking essential technologies. And it can be done in the existing international legal framework, even if the latter could be improved. Well-researched, challenging and interesting reading!Õ Ð Paul Torremans, University of Nottingham, UK ÔAbbe BrownÕs study starts from the assumption that IP right owners, particularly those of innovative technologies, dispose of a disproportionate strong legal position in relation to that of competitors and customers, which is detrimental to society at large. Brown investigates how the power of the IP right owners can be limited by applying existing human rights law and competition law. To that aim it is suggested to widen the legal landscape and to develop a more tripartite substantive approach to IP law, human rights law and competition law. BrownÕs study offers a very welcome new contribution to the literature on the functioning of IP law, by stressing the joint role which competition law and human rights law can play in this respect.Õ Ð F. Willem Grosheide, Utrecht University and Attorney at law, Van Doorne Amsterdam, The Netherlands This detailed book explores the relationship between intellectual property, competition and human rights. It considers the extent to which they can and must be combined by decision makers, and how this approach can foster innovation in key areas for society Ð such as pharmaceutical drugs, communications software and technology to combat climate change. The author argues that these three legal fields are strongly interrelated and that they can be used to identify essential technologies. She demonstrates that in some cases, combining the fields can deliver new bases for wider access to be provided to technologies. The solutions developed are strongly based on existing laws, with a focus on the UK and the EU and the structures of existing forms of dispute resolution, including the European Court of Human Rights and the dispute settlement bodies of the World Trade Organisation. The final chapters also suggest opportunities for further engagement at international policy and activist level, new approaches to IP and its treaties, and wider adoption of the proposals. This timely book will appeal to academics and practitioners in IP, competition and human rights, as well as innovation-related industry groups and access to knowledge, health and environment activists.

Health Data Pools Under European Data Protection and Competition Law

Author: Giulia Schneider

Publisher: Springer Nature

Published: 2022-04-13

Total Pages: 388

ISBN-13: 3030954277

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This book explores the emerging economic reality of health data pools from the perspective of European Union policy and law. The contractual sharing of health data for research purposes is giving rise to a free movement of research data, which is strongly encouraged at European policy level within the Digital Single Market Strategy. However, it has also a strong impact on data subjects' fundamental right to data protection and smaller businesses and research entities ability to carry out research and compete in innovation markets. Accordingly the work questions under which conditions health data sharing is lawful under European data protection and competition law. For these purposes, the work addresses the following sub-questions: i) which is the emerging innovation paradigm in digital health research?; ii) how are health data pools addressed at European policy level?; iii) do European data protection and competition law promote health data-driven innovation objectives, and how?; iv) which are the limits posed by the two frameworks to the free pooling of health data? The underlying assumption of the work is that both branches of European Union law are key regulatory tools for the creation of a common European health data space as envisaged in the Commissions 2020 European strategy for data. It thus demonstrates that both European data protection law, as defined under the General Data Protection Regulation, and European competition law and policy set research enabling regimes regarding health data, provided specific normative conditions are met. From a further perspective, both regulatory frameworks place external limits to the freedom to share (or not share) research valuable data.

Research Handbook on EU Energy Law and Policy

Author: Rafael Leal-Arcas

Publisher: Edward Elgar Publishing

Published: 2017-10-27

Total Pages: 576

ISBN-13: 178643105X

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This authoritative Research Handbook presents, for the first time, a comprehensive overview of the most important research and latest trends in EU energy law and policy. It offers high-quality original contributions that provide state-of-the-art research in this rapidly evolving area, situated in the broader context of international economic law and governance.

New Technologies and EU Law

Author: Marise Cremona

Publisher: Oxford University Press

Published: 2017

Total Pages: 281

ISBN-13: 019880721X

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What is the nature of the relationship between the fields of new technology and EU law? What challenges do new technologies pose for the internal market and the principles of the EU? These questions are explored with reference to specific fields of technology and policy areas in order to understand this relationship and its challenges.

Government Policy Towards Innovation in the United States, Canada, and the European Union as Manifested in Patent, Copyright and Competition Laws

Author: Daniel J. Gifford

Publisher:

Published: 2012

Total Pages: 0

ISBN-13:

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This paper examines a number of government policies related to competition or intellectual property and affecting innovation for their welfare effects. Its premise is that the enhancement of social welfare is included among the purposes of competition and intellectual-property laws. It also assumes that innovation is a major contribution to long-run welfare. The paper then considers whether the policy initiatives under review furthered that purpose. First it considers U.S. and Canadian legislation designed to promote the entry of generic pharmaceutical products into the market and the response (or lack thereof) of both governments to the issue of regulatory delay eroding some period of patent protection. Second, the paper considers the impact of the principle of free movement of goods within the European Union on the incentive structure of the patent system. It then draws from U.S. experience to consider how the political goal of furthering national autonomy for member states could be pursued without undercutting the effective operation of the patent system. The paper suggests that such a reconciliation might be possible in a way that could be more welfare enhancing than the present regime. Third, the paper considers comparatively the U.S. and European approaches to patent protection in the biotech industry where organic structures on both the dna and protein levels are exceedingly complex. The paper tentatively concludes that the EU may be avoiding the potentially welfare-reducing results of the Federal Circuit¿s enhanced description requirement. It notes that the potential remedial role of the doctrine of equivalents in this setting is as yet uncertain. Fourth, the paper examines U.S. patent and copyright approaches to the protection of computer programs, considering especially whether protection is overbroad and thus reduces welfare by impeding innovation. The paper concludes that the structure of those laws and developments under them are likely to minimize this danger. Fifth, in a related inquiry, the paper concludes that the courts have taken an approach to copyright misuse that is likely to reduce welfare. Sixth, the paper examines some developments in the approaches of EU and U.S. decisional and enforcement authorities towards the interface between intellectual property and competition law. The paper concludes that the U.S. courts may be approaching a welfare-enhancing synthesis. This developing synthesis may well ultimately correct the welfare-reducing aspects of the newly emergent and aggressively applied copyright misuse doctrine. By contrast, the relation between intellectual property and competition law is still being worked out in the EU and it is not yet clear whether the authorities will ultimately formulate a welfare enhancing approach to the resolution of issues arising out of that relationship.

Constructing European Intellectual Property

Author: Christophe Geiger

Publisher: Edward Elgar Publishing

Published: 2013

Total Pages: 497

ISBN-13: 1781001642

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'It is no longer possible to practice, teach, or study purely domestic intellectual property law within Europe. European intellectual property norms now structure protection throughout the continent (and even beyond). Paradoxically, what might seem as a simplification of legal rules has created a maze of new complexities substantive, institutional and methodological. This collection by some of the leading scholars in European IP manages to capture that complexity without sacrificing clarity. Canvassing the entire field with a rich array of contributions, the book both highlights the roots of European IP law and asks important fundamental questions about where it is going. One can only hope that it is read by anyone with a hand in the future development of European IP law.' Graeme B. Dinwoodie, University of Oxford, UK 'Christophe Geiger has put together a very fine collection of essays by many of the very best scholars in European intellectual property law. The essays explore the basis, extent, as well as the successes and failings of regional harmonization of trade marks, geographical indications, copyright, designs, patents and remedies. The celebrated cast of authors naturally discuss, in addition to the various directives and regulations on each topic, the Treaty provisions on exhaustion of rights and competition (and their interpretation), relevant provisions on legislative competence, Article 17(2) of the Charter, other fundamental rights, and the growing case law of the Court of Justice. There is essential material here for anyone interested in European intellectual property law, as well as ideas for the improvement and further development of European IP law.' Lionel Bently, University of Cambridge, UK Constructing European Intellectual Property offers a comprehensive assessment of the current state of intellectual property legislation in Europe and gives direction on how an improved system might be achieved. This detailed study presents various perspectives on what further actions are necessary to provide the circumstances and tools for the construction of a truly balanced European intellectual property system. The book takes as its starting point that the ultimate aim of such a system should be to ensure sustainable and innovation-based economic growth while enhancing free circulation of ideas and cultural expressions. Being the first in the European Intellectual Property Institutes Network (EIPIN) series, this book lays down some concrete foundations for a deeper understanding of European intellectual property law and its complex interplay with other fields of jurisprudence as well as its impact on a broad array of spheres of social interaction. In so doing, it provides a well needed platform for further research. Academics, policymakers, lawyers and many others concerned with establishment of a regulatory framework for intangibles in the EU will benefit from the extensive and thoughtful discussion presented in this work.

EU Public Procurement and Innovation

Author: Pedro Cerqueira Gomes

Publisher: Edward Elgar Publishing

Published: 2021-01-29

Total Pages: 224

ISBN-13: 1800371578

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This insightful book provides readers with a practical and theoretical explanation of the ways in which the new, tailor-made Innovation Partnership Procedure can be used throughout all Member States in the European Union. With a focus on the Procurement Directive for the public sector (Directive 2014/24/EU), Pedro Cerqueira Gomes argues that innovation is a crucial policy of the EU that must be extended to public procurement – implying interesting harmonisation challenges, mostly regarding the use of the Innovation Partnership Procedure and the national administrative law traditions of the Member States.

EU Intellectual Property Law and Policy

Author: The late Catherine Seville

Publisher: Edward Elgar Publishing

Published: 2016-09-28

Total Pages: 588

ISBN-13: 1781003483

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This fully updated book offers a compact and accessible account of EU intellectual property (IP) law and policy. The digital age brings many opportunities, but also presents continuing challenges to IP law as the EU’s programme of harmonisation unfolds. As well as addressing the main IP rights (copyright, patents, designs, trade marks and related rights), the book also considers IP’s relationship with the EU’s rules on free movement of goods and competition, as well as examining the enforcement of IP rights. Taking account of numerous changes, this timely second edition covers the substantive provisions and procedures which apply throughout the EU, making extensive reference to the case law. The author considers how the exploitation of IP is increasingly global; harmonisation, in contrast, is only partial, even at the EU level. In response, the book sets EU IP law in its wider international context. It also seeks to highlight policy issues and arguments of relevance to the EU, in its relations both within the Union and with the rest of the world. Designed as a compact and approachable account of these difficult and technical areas, and with advice on further reading and research, this unique book is useful both as a work of reference and for more general study. It is essential reading for postgraduate students, academic researchers and legal practitioners alike.