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Whither Gene Patenting And The Patenting Of Diagnostic Methods Post-Mayo And Myriad? The Need For Certainty In Navigating The High Seas Of Policy, Cheng Lim Saw
Research Collection Yong Pung How School Of Law
This paper is prompted by a series of recent high-profile decisions emanating from the apex courts in the US and Australia – namely, Mayo and Myriad – on the patent eligibility of gene-based inventions. Adopting a comparative approach, this paper critically examines whether isolated gene sequences and diagnostic methods qualify as patentable subject matter in several leading jurisdictions, including the US, Australia, Europe and the UK. An attempt will also be made, after carefully considering various arguments on both sides of the policy debate, at predicting what the future might hold (or, perhaps more accurately, at suggesting what the future …
Statutory Damages For Use Of A "Counterfeit Trade Mark" And For Copyright Infringement In Singapore: A Radical Remedy In The Law Of Intellectual Property Or One In Need Of A Rethink?, Gordon Ionwy David Llewelyn
Statutory Damages For Use Of A "Counterfeit Trade Mark" And For Copyright Infringement In Singapore: A Radical Remedy In The Law Of Intellectual Property Or One In Need Of A Rethink?, Gordon Ionwy David Llewelyn
Research Collection Yong Pung How School Of Law
The difficulty in (trade mark) counterfeiting and (copyright) piracy cases of assessing damages on traditional tortious principles led to the introduction into Singapore law of the statutory damages remedy in 2004, following the US–Singapore Free Trade Agreement. The new remedy does not require the successful plaintiff to prove its loss in the standard way and allows the court to take into account both the behaviour of the defendant and the need to deter such activities when making awards. Despite the radical nature of the remedy, which was generally welcomed by rights-owners at the time of its introduction more than a …
Copyright Law And The Supply Of Creative Work: Evidence From The Movies, Ivan Paak Liang Png, Qiu-Hong Wang
Copyright Law And The Supply Of Creative Work: Evidence From The Movies, Ivan Paak Liang Png, Qiu-Hong Wang
Research Collection School Of Computing and Information Systems
There is almost no empirical evidence on the extent to whichcopyright law works in the sense of increasing the production of creative work.Here, we study the impact of two major changes in copyright law – the extensionof copyright term and the European Rental Directive – on the production ofmovies. In a panel of 23 OECD countries, among which 19 extendedcopyright term at various times between 1991–2005, we found no statisticallyrobust evidence that copyright term extension was associated with higher movie production.In a panel of 17 European countries between 1991–2005, wefound no statistically robust evidence that compliance with the RentalDirective was …