International Patent Law
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International Patent Law

Cooperation, Harmonization and an Institutional Analysis of WIPO and the WTO

Alexander Stack

Alexander Stack analyzes international patent law institutions and harmonization from a global welfarist, rationalist perspective. Grounding his analysis in innovation theory and an examination of patent law and prosecution, the author employs tools from new institutional economics to explore when cooperation is welfare-enhancing and the design implications for international institutions.
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Alexander Stack


INTRODUCTION 1. 2. Report of the President’s Commission on the Patent System (1966, Recommendation XXXV at 56). Another approach would be for patent law to be sufficiently harmonized so that an infringement action applying this harmonized law could be pursued in a single national court, and the result applied by other national courts worldwide pursuant to treaty. Another alternative would be for the infringement action to be brought in a single national court, which would apply the local laws of the various states for which the plaintiff would like a result. See generally Dreyfuss (2001a) and Dreyfuss and Ginsburg (2002), describing the proposed Hague Conference on Private International Law Convention on Jurisdiction and the Recognition of Foreign Judgments. Hauda (2003, at 91). Duffy (2002, at 688). USPTO news release “Patent Law Harmonization Talks Stall” (2005). This book discusses some issues that may be regarded as falling in fields other than patent law in domestic legal systems. An example is the ability of the state to regulate generally acceptable, legal conduct by holders of valid patent(s) on a case-by-case basis, as opposed to a framework basis that would apply to all patentees in similar circumstances. This may be formally considered part of antitrust or competition law, or may be handled internally within the patent laws. This book regards it as a detail whether a national legal system locates such regulations as part of patent law or another body of law. Regardless of their characterization in domestic laws, such measures are...

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