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Full-Text Articles in Law
The Patent Option, Daniel J. Gervais
The Patent Option, Daniel J. Gervais
Daniel J Gervais
There is a shift in the shape of intellectual property (IP) tools used to strengthen and lengthen the right of pharmaceutical companies to exclude others from making and marketing their products. Patents have traditionally been the tool of choice. Over the past two decades, however, pharmaceutical companies have increased their degree of reliance on a right known as “data exclusivity.” This right, which now exists in most major jurisdictions, is the right to prevent third parties from relying on the clinical trial data submitted by another pharmaceutical company to obtain marketing approval for a bioequivalent or biosimilar product. The right …
Exploring The Interfaces Between Big Data And Intellectual Property Law, Daniel J. Gervais
Exploring The Interfaces Between Big Data And Intellectual Property Law, Daniel J. Gervais
Daniel J Gervais
This article reviews the application of several IP rights (copyright, patent, sui generis database right, data exclusivity and trade secret) to Big Data. Beyond the protection of software used to collect and process Big Data corpora, copyright’s traditional role is challenged by the relatively unstructured nature of the non-relational (noSQL) databases typical of Big Data corpora. This also impacts the application of the EU sui generis right in databases. Misappropriation (tort-based) or anti-parasitic behaviour protection might apply, where available, to data generated by AI systems that has high but short-lived value. Copyright in material contained in Big Data corpora must …
The Patent Option, Daniel Gervais
The Patent Option, Daniel Gervais
Daniel J Gervais