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The History Of The Patent Harmonization Treaty: Economic Self-Interest As An Influence, R. Carl Moy
The History Of The Patent Harmonization Treaty: Economic Self-Interest As An Influence, R. Carl Moy
Faculty Scholarship
How shall the United States decide whether to adopt the Patent Harmonization Treaty? What questions shall we ask? Whose answers shall we trust? What sources of information can provide us with the background needed for these inquiries? This article offers a framework in which to ask, and begin to answer, these questions. It focuses on the international community's past efforts to harmonize the law of patents. It asserts not only that history provides context, but also, that the same history yields lessons directly applicable to many of the treaty's basic issues. Section I discusses the immediate history of WIPO's efforts …
Patent Harmonization, Protectionism And Legislation, R. Carl Moy
Patent Harmonization, Protectionism And Legislation, R. Carl Moy
Faculty Scholarship
This essay raises questions about the Patent Harmonization Treaty. addressing the overall direction of harmonization in this country and the processes that are being applied to the harmonization effort. Section I of the essay compares the underlying goals of patent harmonization with those of the current United States patent system. The article contends that the legal rules relating to patents in this country evidence a specific intent to promote domestic industry. The aims of harmonization, in contrast, are fundamentally different. To be valid, then, patent harmonization may require a basic shift in the social consensus in this country concerning the …