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The Final Impression Counts - Seeking Common Ground In Design Patent Infringement, Dana Beldiman, Paolo Beconcini

Dana Beldiman

THE FINAL IMPRESSION COUNTS – Seeking Common Ground in Design Patent Infringement

Dana Beldiman*and Paolo Beconcini

Abstract

The visual appearance of products has become an asset of considerable economic value. Litigation surrounding it is increasingly common and has focused IP law on certain tensions that relate to the visual nature of IP assets.

One such area is design patent infringement. Policy mandates that comparison of two similar designs for purposes of evaluating infringement be performed by a notional purchaser, based on the overall impression of a design as whole. However, in performing the analysis courts are tempted to …

Patent Chokepoints In The Influenza-Related Medicines Industry: Can Patent Pools Provide Balanced Access?, Dana Beldiman

Dana Beldiman

This paper illustrates the fact that when biological materials are used for development of pharmaceuticals, the patent system may function sub-optimally and may give rise to patent “thickets” and “anti-commons” which prevent commercialization of adequate amounts of product. These circumstances include inventions based on the same biological resource, patenting of largely similar functionalities, gene patents and patents that are narrow and fragmented. As a result, in order to obtain freedom to operate, drug developers must license-in multiple patents, often from competitors. This situation gives rise to uncertainty and is prone to hold-outs. The number of players actually developing drugs is …

Patent Chokepoints In The Influenza-Related Medicines Industry: Can Patent Pools Provide Balanced Access?, Dana Beldiman

Dana Beldiman

Release of samples of biological materials with high imminent commercial potential, such as the influenza virus samples, is likely to cause a “race” to patent and to gain market share among recipients. This “race” may give rise to sub-optimal functioning of the patent system, in the nature of patent thickets and hold-outs, prompted by conditions such as multiple parties inventing based on a single biological resource, high growth markets, a congested patent scene and narrow and fragmented patents. This paper examines the causes of the sub-optimal functioning of the patent system under these circumstances, using the WHO Pandemic Influenza Preparedness …

Utilitarian Information Works – Is Originality The Proper Lens?, Dana Beldiman

Dana Beldiman

As the information society advances, vastly increased numbers of utilitarian information works (UIW) are being produced. In general, these works are deemed protected by copyright law, even though the philosophical underpinnings of copyright law clash with the attributes of utilitarian information works. This article examines the cause for the uneasy relationship between utilitarian information works and the concept of “originality.”

Part I discusses the role of information and utilitarian information works as one of the core wealth-producing assets of the knowledge-based economy. This economy is characterized by a rapid pace of innovation, which in turn, requires unrestricted access to information. …