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This book covers a broad range of legal topics relating to the
fields of bioinformatics and medical informatics, which relate to
the intersection of biomedical information and computer programming
within the contexts of scientific research, product development and
healthcare delivery. A number of usually distinct bodies of legal
doctrine come together in this area, sometimes overlapping,
sometimes colliding in unexpected ways. Key issues discussed in the
book include: An overview of the current landscape of
bioinformatics and medical informatics A focus on the legal issues
arising from the development and acquisition of informatics tools
for use in a laboratory or healthcare setting Developments in
patent and innovation law that are important for informatics
applications A discussion of institutions and collaborative
arrangements in which informatics applications are developed and
used today Data protection and privacy issues applicable to
informatics applications in the U.S. and Europe. While no single
work can cover the entire set of legal issues arising from large,
dynamic and complex fields such as bioinformatics and medical
informatics, this book strives to offer the reader insight into
some of the major legal trends and considerations applicable to
these fields today.
Patent holders are increasingly making voluntary, public
commitments to limit the enforcement and other exploitation of
their patents. The best-known form of patent pledge is the
so-called FRAND commitment, in which a patent holder commits to
license patents to manufacturers of standardized products on terms
that are ''fair, reasonable and non-discriminatory.'' Patent
pledges have also been appearing in fields well beyond technical
standard-setting, including open source software, green technology
and the biosciences. This book explores the motivations, legal
characteristics and policy goals of these increasingly popular
private ordering tools. Jorge Contreras and Meredith Jacob bring
together work by more than a dozen international experts who
examine the phenomenon of patent pledges from a variety of
perspectives and analytical frameworks. The book assesses patent
pledges as mechanisms for facilitating platform promotion, open
innovation, economic development and environmental sustainability.
Legal practitioners who are involved in intellectual property
licensing, litigation and business transactions will find this book
a key resource, as will in-house lawyers and managers at firms
engaged in technology development and standardization. It will also
be a key reference for scholars in law, economics, business and
political science. Contributors include: C. Asay, B. Awad, M.
Bohannon, M. Callahan, J. Contreras, D. Greenbaum, M. Jacob, Y.
Kim, M. Maggiolino, C. Maracke, A. Metzger, L. Montagnani, J.
Schultz, S. Scott, T. Sebastian, N. Shanahan, R. Sichel, R.
Sikorski, T. Simcoe, D. Valz, L. Vertinsky, E. Wang, E. Winston,
S.-S. Yi
Intellectual property transactions underlie large segments of the
global economy, from pharmaceuticals to computing, entertainment to
digital content. This first-of-its-kind resource combines practical
contract drafting and negotiation skills with substantive legal
doctrine in the rapidly growing area of intellectual property
transactions and licensing. Though primarily designed for classroom
use, it is also a must-have legal reference work for every lawyer
involved in the technology, biopharma, entertainment, media or
financial services industries. It includes practical drafting
models and explanations of key contractual provisions such as field
of use, exclusivity, milestones, royalties, termination,
indemnification and liability, and combines these with discussion
of the latest cases interpreting these provisions. Numerous legal
doctrines that affect the enforcement of IP agreements are also
covered. An instructor's manual for this book is currently being
developed. If you are interested in receiving updates about the
availability of this resource, please contact the author directly.
This book is also available as Open Access on Cambridge Core.
Intellectual property transactions underlie large segments of the
global economy, from pharmaceuticals to computing, entertainment to
digital content. This first-of-its-kind resource combines practical
contract drafting and negotiation skills with substantive legal
doctrine in the rapidly growing area of intellectual property
transactions and licensing. Though primarily designed for classroom
use, it is also a must-have legal reference work for every lawyer
involved in the technology, biopharma, entertainment, media or
financial services industries. It includes practical drafting
models and explanations of key contractual provisions such as field
of use, exclusivity, milestones, royalties, termination,
indemnification and liability, and combines these with discussion
of the latest cases interpreting these provisions. Numerous legal
doctrines that affect the enforcement of IP agreements are also
covered. An instructor's manual for this book is currently being
developed. If you are interested in receiving updates about the
availability of this resource, please contact the author directly.
This book is also available as Open Access on Cambridge Core.
Through a collaboration among twenty legal scholars from eleven
countries in North America, Europe and Asia, Patent Remedies and
Complex Products presents an international consensus on the use of
patent remedies for complex products such as smartphones, computer
networks and the Internet of Things. It covers the application of
both monetary remedies like reasonable royalties, lost profits, and
enhanced damages, as well as injunctive relief. Readers will also
learn about the effect of competition laws and agreements to
license standards-essential patents on terms that are 'fair,
reasonable and non-discriminatory' (FRAND) on patent remedies.
Where national values and policy make consensus difficult,
contributors discuss the nature and direction of further research
required to resolve disagreements. This title is also available as
Open Access on Cambridge Core.
Patents are important tools for innovation policy. They incentivize
the creation and dissemination of new technical solutions and help
to disclose their working to the public in exchange for limited
exclusivity. Injunctions are important tools of their enforcement.
Much has been written about different aspects of the patent system,
but the issue of injunctions is largely neglected in the
comparative legal literature. This book explains how the drafting,
tailoring and enforcement of injunctions in patent law works in
several leading jurisdictions: Europe, the United States, Canada,
and Israel. The chapters provide in-depth explanation of how and
why national judges provide for or reject flexibility and tailoring
of injunctive relief. With its transatlantic and intra- European
comparisons, as well as a policy and theoretical synthesis, this is
the most comprehensive overview available for practicing attorneys
and scholars in patent law. This book is also available as Open
Access on Cambridge Core.
Technical standards are ubiquitous in the modern networked economy.
They allow products made and sold by different vendors to
interoperate with little to no consumer effort and enable new
market entrants to innovate on top of established technology
platforms. This groundbreaking volume, edited by Jorge L.
Contreras, assesses and analyzes the legal aspects of technical
standards and standardization. Bringing together more than thirty
leading international scholars, advocates, and policymakers, it
focuses on two of the most contentious and critical areas
pertaining to standards today in key jurisdictions around the
world: antitrust/competition law and patent law. (A subsequent
volume will focus on international trade, copyright, and
administrative law.) This comprehensive, detailed examination sheds
new light on the standards that shape the global technology
marketplace and will serve as an indispensable tool for scholars,
practitioners, judges, and policymakers everywhere.
Technical standards are ubiquitous in the modern networked economy.
They allow products made and sold by different vendors to
interoperate with little to no consumer effort and enable new
market entrants to innovate on top of established technology
platforms. This groundbreaking volume, edited by Jorge L.
Contreras, assesses and analyzes the legal aspects of technical
standards and standardization. Bringing together more than thirty
leading international scholars, advocates, and policymakers, it
focuses on two of the most contentious and critical areas
pertaining to standards today in key jurisdictions around the
world: antitrust/competition law and patent law. (A subsequent
volume will focus on international trade, copyright, and
administrative law.) This comprehensive, detailed examination sheds
new light on the standards that shape the global technology
marketplace and will serve as an indispensable tool for scholars,
practitioners, judges, and policymakers everywhere.
Through a collaboration among twenty legal scholars from eleven
countries in North America, Europe and Asia, Patent Remedies and
Complex Products presents an international consensus on the use of
patent remedies for complex products such as smartphones, computer
networks and the Internet of Things. It covers the application of
both monetary remedies like reasonable royalties, lost profits, and
enhanced damages, as well as injunctive relief. Readers will also
learn about the effect of competition laws and agreements to
license standards-essential patents on terms that are 'fair,
reasonable and non-discriminatory' (FRAND) on patent remedies.
Where national values and policy make consensus difficult,
contributors discuss the nature and direction of further research
required to resolve disagreements. This title is also available as
Open Access on Cambridge Core.
Technical standards like USB, Wi-Fi, and Bluetooth are ubiquitous
in the modern networked economy. They allow products made and sold
by different vendors to interoperate with little to no consumer
effort and enable new market entrants to innovate on top of
established technology platforms. This groundbreaking volume,
edited by Jorge L. Contreras, assesses and analyzes legal aspects
of technical standards and standardization beyond those covered in
its companion volume (patents, competition, and antitrust).
Bringing together leading international experts, advocates, and
policymakers, it focuses on key areas of technical standardization
law including administrative, trade, copyright, trademark, and
certification law. This comprehensive, detailed examination sheds
new light on the standards that shape the global technology
marketplace and will serve as an indispensable tool for scholars,
practitioners, judges, and policymakers everywhere.
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