Increasing Access to Patented Inventions by Post-grant Measures:
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Increasing Access to Patented Inventions by Post-grant Measures : . / Schovsbo, Jens Hemmingsen.
I: Science and Public Policy, Bind 36, Nr. 8, 2009, s. 609-618.Publikation: Bidrag til tidsskrift › Tidsskriftartikel › Forskning › fagfællebedømt
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TY - JOUR
T1 - Increasing Access to Patented Inventions by Post-grant Measures
AU - Schovsbo, Jens Hemmingsen
PY - 2009
Y1 - 2009
N2 - This paper builds on the recommendation in the STOA Report (2007) to improve the European patent system to "Increase Access to Patented Inventions". The paper first provides some background information to the patent system and to the limitations on access to protected technology from "thickets" and the so called "tragedy of the anticommons". Next the paper discusses the use of (some) post grant measure to increase access to patented inventions. Traditionally patent law has not paid much attention to such measures. The paper argues that developments suggest that there is good reason to reconsider this reluctance and to include measures in the European patent legislation which seek to increase access to patented inventions. Finally the paper presents and discusses three such measures: Compulsory licences, licences of rights, and behavioural rules
AB - This paper builds on the recommendation in the STOA Report (2007) to improve the European patent system to "Increase Access to Patented Inventions". The paper first provides some background information to the patent system and to the limitations on access to protected technology from "thickets" and the so called "tragedy of the anticommons". Next the paper discusses the use of (some) post grant measure to increase access to patented inventions. Traditionally patent law has not paid much attention to such measures. The paper argues that developments suggest that there is good reason to reconsider this reluctance and to include measures in the European patent legislation which seek to increase access to patented inventions. Finally the paper presents and discusses three such measures: Compulsory licences, licences of rights, and behavioural rules
U2 - 10.3152/030234209X475434
DO - 10.3152/030234209X475434
M3 - Journal article
VL - 36
SP - 609
EP - 618
JO - Science and Public Policy
JF - Science and Public Policy
SN - 0302-3427
IS - 8
ER -
ID: 15862710