Overview

THE INTERNATIONAL PATENT-LEGISLATION AND DEVELOPING COUNTRIES A major concern today in many fields of international cooperation is the development of the nonindustrialized part of the world. This was not always so. Until fairly recently contacts among States were basi­ cally limited to diplomatic intercourse. The concept of State sovereign­ ty naturally led to the application of the principle of legal reciprocity between States. In the few areas outside diplomatic relations where international cooperation developed during the last century the same principle of legal reciprocity was applied. The cooperation that did take place was mostly among a limited number of Western States. In case countries outside this group wished to participate they were free to do so on accepting the traditional standards for such cooperation. Though a few countries, which today would have been or are known as develop­ ing countries, did join in various schemes of international cooperation, the majority of them remained outside. Moreover, a large number of States, which today are known as developing, did not exist as sovereign States at the time. One of the areas in which a system of international cooperation was set up in the latter part of the nineteenth century was that of patent protection.

Full Product Details

Author:   Ulf Anderfelt
Publisher:   Springer
Imprint:   Springer
Edition:   1971 ed.
Dimensions:   Width: 15.50cm , Height: 1.70cm , Length: 23.50cm
Weight:   0.474kg
ISBN:  

9789401184922

ISBN 10:   9401184925
Pages:   288
Publication Date:   01 January 1971
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Active
Availability:   In Print  
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Table of Contents

I. The Evolution of Patent Legislation and Practices under Patent Rights, Nationally an Internationally.- I. Society and the Inventor.- A. Early Origins of Patents for Inventions.- B. The Statute of Monopolies 1623.- C. The Patent Doctrine at the end of the Eighteenth Century: The Patent Laws of the United States and France.- D. The Different Theories on Patent Rights and the Evolution of the Private Property Doctrine.- 1. Natural Law Doctrine-inherent rights in inventions.- 2. The advent of the collectivist doctrine-the social utility of patents.- II. The Role of Patents Today.- A. Society and the Inventor Today.- 1. Who is doing the research ?.- 2. Who is supplying the financial means?.- 3. Who is using the results ?.- 4. Characteristics of inventive activity.- 5. The inventor and the innovator.- B. Validity of Traditional Considerations for Patent Grants.- 1. Utility of disclosure to society.- 2. Incentive to inventive activity.- 3. Just compensation to the inventor.- 4. The inventor's right to his creation.- C. Later Justifications for the Patent Institution.- 1. Invention and innovation.- 2. Means to support costly research.- 3. Means to support individuals and small enterprise.- D. Criticism of the Patent Institution.- 1. The legal foundations.- 2. The economic foundations.- E. Alternatives to the Present Patent System.- 1. A system of general licenses.- 2. A general reward system.- 3. Substitution of general for special awards or abolishment.- III. The Development of an International Patent System.- A. The Climate Ripe for an International Order.- 1. The Vienna Exhibition of 1873.- 3. The Paris Exhibition of 1878.- 3. The Paris Conference 1880.- B. The Paris Convention for the International Protection of Industrial Property.- 1. The basic rules of procedure.- 2. The basic substantive rules of the Convention.- 3. Other original rules of the Convention concerning patents.- C. Revision Conferences.- 1. The revision conference of Brussels, 1897-1900.- 2. The revision conference of Washington 1911.- 3. The revision conference of the Hague 1925.- 4. The revision conference of London 1934.- 5. The revision conference of Lisbon 1958.- D. Some Characteristics of the Evolution of the Paris Union.- 1. Influence wielded by new members.- 2. Social vs. private interests.- 3. Legal vs. economic motives.- E. Other International Patent Agreements.- 1. Patent cooperation among American States.- 2. European patent cooperation.- 3. African patent cooperation.- Annex: Original text and revisions of rules concerning working obligations.- II. The Effects of the International Patent System on Developing Countries and Possible Changes of the System ror their Benefit.- I. The Status of Developing Countries in Patent Matters.- A. Countries Without a National Patent Law.- B. Countries with National Patent Laws, Non-Members of the Union.- C. Countries Members of the Union.- 1. Working requirements and sanctions for non-working.- 2. The position of dependent territories.- 3. Ratification of later texts.- II. The Direct Effects of the International Patent System on Developing Countries.- A. Significance of the Convention in Terms of Traditional Criteria.- 1. Economic considerations: the costs and benefits resulting from international patent protection.- 2. Legal considerations.- 3. National vs. individual interests.- B. Significance of the Convention According to Special Considerations.- 1. Transfer of technology.- 2. Incentive to foreign investments.- C. The Effectiveness of the International Patent System as a Vehicle for the Transfer of Technology to Developing Countries.- 1. Allocation of patent exploitation according to the traditional theory and the objectives of policies for economic development.- 2. Spontaneous local exploitation.- 3. Working obligations and sanctions for non-working.- D. The Application of the Convention to Countries of Fundamentally Different Strength.- III. Indirect Effects of the International Patent System.- A. International Cartels.- 1. International cartels in general.- 2. International cartels based on patent agreements.- 3. Contemporary prevalence of industrial cartels.- B. How Cartels Affect Developing Countries in Particular.- 1. Restrictions on international trade.- 2. Restrictions on investments.- 3. Restrictions on the spread of technology.- 4. Restrictions on the use and development of future technology.- C. Possible Remedial Actions.- IV. The Positions of various International Organizations.- A. The United Nations.- 1. The Brazilian Resolution .- 2. Interim report by the Secretary General.- 3. The Final Report.- 4. Further treatment of the question of patents and the transfer of technology.- B. The Activities of BIRPI.- 1. BIRPI's influence on the work of various United Nations bodies.- 2. BIRPI's activities for the benefit of developing countries.- C. The Activities of the International Chamber of Commerce.- D. The Activities of the International Association for the Protection of Industrial Property.- V. The scope for Remedies within the existing System.- A. Possible Remedies Under the Present Substantive Rules.- 1. The possibility to exclude or limit the application of the patent system for certain products and/or processes.- 2. Remedies against non-working and other abuses of patents.- B. Remedies Through Changing the Rules of the Convention.- VI. Possible Remedies Outside the Present System.- A. Cooperation among Developing Countries Themselves.- B. Basis and Justification for Preferential Treatment.- C. The Case for a Universal Patent Convention and the Present Dominant Position of the Paris Union.- D. The Case of the Universal Copyright Convention.- 1. The Berne Union for the Protection of Literary and Artistic Works.- 2. The Universal Copywright Convention.- 3. The response of the Berne Union.- E. The World Intellectual Property Organization.- F. A Preferential Status for Developing Countries.- 1. A new international convention sponsored by the United Nations.- 2. A special status for developing countries within the Paris Union.- 3. Possible preferential rules.- G. Complementary Actions to Increase the Flow of Technology-Patented and Unpatented.- Conclusions.- Abbreviations used in the Bibliography.

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