|
Patent
law is one of the most fascinating areas of intellectual
property, but also a challenging one.
With
a view to stimulating innovation, the patent system has
been developed. By granting a temporary exclusionary
right for a technical invention, innovators are
protected against free riding and copying. And
innovation is an important factor in today’s worldwide
competition. No progress without innovation is the
adage.
A
patent provides protection for a technical invention
which is novel, is the result of inventive activity, and
has an industrial application. Patent applications can
be filed nationally, internationally or regionally.
National patents give a national right. An international
application, however, does not lead to an international
patent. An example of a regional patent system is the
European patent system, which leads to a bundle of
national patents. This course will of course clarify all
these intricate differences.
This
course will also focus predominantly on new technologies
and recent developments in the area, without neglecting,
however, the fundamental underlying principles of the
patent system.
The
patent system as it will be studied in this course will
not be limited to a study of the Dutch patent system.
There will be plenty of room for comparative analysis,
with major emphasis on patent law developments in the
UK, Germany and the US.
The
course can be divided in various parts:
-
The
international and national patent system
General introduction in the various legal regimes
applicable to the patent system
-
Patentable
subject matter
Computer implemented inventions:
Open Source v Proprietary software
Pharmaceuticals
Medical treatment methods
Biotechnology
-
Patentability
requirements:
Novelty
Inventive step
Industrial application
Sufficiency of disclosure
-
Exclusive
rights of the patent holder:
Scope of protection of a patent
Infringement
Doctrine of equivalence
-
Exceptions
to the exclusive rights:
Research exemption
Compulsory licensing
-
National
and international patent litigation
-
Patent
law and the DOHA agenda (TRIPs):
Access to drugs
Biotech inventions (biopiracy, benefit sharing,
biodiversity etc.)
Parallell imports of medicaments.
IViR-docent
Mr.
dr. Sven Bostyn
|
