A Handbook of Contemporary Research
Edited by Toshiko Takenka
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...
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