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les Nouvelles - March 2005


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  • les Nouvelles - March 2005 - Full Issue
    PDF, 4.30 MB
  • Transaction Costs And Antitrust Concerns In The Licensing Of Intellectual Property
    RICHARD A. POSNER
    I am honored to be invited to address the Licensing Executives Society—an association distinguished by its interdisciplinary approach to the challenging issues presented by modern licensing, issues in which law, economics, finance, business, and technology are inextricably intertwined. My emphasis today will be on the law and economics interface, and specifically on the pressure that the high transaction costs incurred in licensing intellectual property exert on legal principles ranging from fair use in copyright law to tying doctrine in antitrust law.
    PDF, 242.05 KB
  • Recent Legislative Changes Affecting IP Litigation In Europe
    NIGEL JONES, KATJA GRABIENSKI, GAVIN MARRIOTT & COLIN McCALL
    This paper considers the potential impact of two recent legislative changes—the EU Intellectual Property Enforcement Directive1 and the UK Patents Act 2004—on the way intellectual property rights are litigated in Europe. Its primary focus is on the impact in the UK; particularly as the second of the legislative changes addressed has direct effect only in that country. However it also considers the broader implications of the changes.
    PDF, 220.44 KB
  • Who Is Entitled To Inventions In Australia? The Implications Of Victoria University Of Technology V. Wilson & Others
    ADAM LIBERMAN AND ANDREA FUNG
    Whilst at one level the case of Victoria University of Technology v. Wilson & others (2004) 60 IPR 392, could be dismissed merely as another one of those undesirable by-products of the dot.com era—a case which could not possibly be repeated in more sober economic times—the implications of the case clearly do not just apply to that economic environment. The case should provoke a review of practices of all stakeholders involved in university sourced research—i.e. universities, academic staff, and investors alike—particularly where commercialisation of university sourced research is more likely to be the norm than the exception.
    PDF, 328.58 KB
  • Patentability Of Software And Business Methods Under The EPC
    ALEXANDER CLELLAND
    Software, or more generally "computer-implemented inventions" (CII), a term which embraces both programs for computers and business methods, gives rise to peculiar difficulties in the realm of intellectual property. It is expensive to develop but easy to copy. Development and product life-cycles are fast-moving and national court systems have difficulty in keeping up; it straddles different forms of IP but does not sit easily on any of them; and finally all attempts at a special software-only or suigeneris protection have failed. There is considerable hostility in some circles to patent protection, although most of the objections are really aimed at patents in general rather than software patents in particular. There is nevertheless a consensus in European industry that in terms of protecting functionality as opposed to expression patents represent the least worst alternative. Much of the software we use daily is the subject of patent protection.
    PDF, 342.08 KB
  • Commentary On New EU Competition Rules
    Alec Burnside
    A review and commentary on recent decisions relating to licensing in the European Union.
    PDF, 116.87 KB
  • Partnering Deals: Solutions Through Synergy
    KATHLEEN DENIS
    The 2004 Annual Meeting of LES (USA & Canada) began Monday morning October 18, 2004 with an opening plenary panel discussion. This panel focused on high profi le licensing deals and the partners involved in those deals. We explored how the deals came about, the challenges faced and the synergies that were created through the partnership. The program was moderated by the President of LES (USA & Canada). Below is an edited transcript of the "Partnering Deals: Solutions Through Synergy" panel discussion in Boston.
    PDF, 566.15 KB
  • A Comparison Of Competition Laws Relating To Product Tying In The Context Of Franchising
    P. McLAUGHLIN
    Product tying (also called "exclusive dealing") in the context of franchising essentially involves the franchisor granting the franchise on the condition that the franchisee takes other products or services from the franchisor (full line forcing) or from a third-party nominated by the franchisor (third line forcing.) The franchisor "forces" the franchisee to purchase a second product or service from a designated source.
    PDF, 276.98 KB
  • Open Book
    John T. Ramsay, Q.C.
    A review of “TECHNOLOGY PATENT LICENSING: An International Reference on 21st Century Patent Licensing, Patent Pools and Patent Platforms" by Larry M. Goldstein and Brian N. Kearsey
    PDF, 158.64 KB
  • Recent Decisions In The United States
    Brian Brunsvold and John Paul
    A recurring feature highlighting recent decisions in the United States.
    PDF, 169.60 KB