A Handbook of Contemporary Research
Edited by Toshiko Takenaka
Chapter 22: Resolving Patent Disputes in a Global Economy
Rochelle C. Dreyfuss* 1 Introduction As with other businesses, the patent industries have discovered the global marketplace. In the last dozen years, patent applications filed in countries other than the inventor’s place of residence have increased annually by 7.4% worldwide,1 and over the last two decades, licensing revenues in the OECD states have grown ten-fold.2 To a large extent, these developments stem from a dynamic familiar to other sectors of the economy: as countries grow wealthier and more sophisticated, as tastes and preferences converge, as transportation costs decline, foreign goods become more familiar, attainable, desirable and available. For the technology community, there are other factors that are also at play. The inclusion of the TRIPS Agreement within the World Trade Organization (WTO) framework means that patents are now readily available in many nations and across a broad array of creative endeavors.3 Intellectual production is becoming increasingly collaborative, involving inventors of different nationalities, working in a multiplicity of locations.4 Technology Along with Jane C. Ginsburg and François Dessemontet, Rochelle C. Dreyfuss is a Reporter for the American Law Institute’s project on Intellectual Property: Principles Governing Jurisdiction, Choice of Law, and Judgments in Transnational Disputes. The author would like to acknowledge the financial support of the Filomen D’Agostino and Max E. Greenberg Research Fund and the assistance of Melissa Feeney Wasserman, NYU Class of 2007. 1 World Intellectual Property Organization (2006), ‘WIPO Patent Report: Statistics on Worldwide Patent Activities 4’, available at http://www.wipo.int/ ipstats/en/statistics/patents/patent_report_2006.html#P137_14557. 2 Organization...
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.