1st Edition

Patent Pools, Competition Law and Biotechnology





ISBN 9781138580909
Published May 10, 2018 by Routledge
102 Pages

USD $62.95

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Book Description



Exploring the relationship between competition law and technology pools, this book provides general-purpose details of the biotechnology patent pool scheme while discussing historical developments, approaches of the US Department of Justice, Federal Trade Commission, and the European Union Competition Commission via EU regulations. In addition to these regulatory approaches and evolution in concept and theory of technology pools, this book illustrates relationship issues including tying arrangements and essential facility consideration vis-à-vis technology pools. It analyzes the modalities of forming such pools in the area of biotechnology, specifically illustrating that the formation of technology pools is possible and can be safely undertaken, and proposes a viable solution and structure.



Patent pools in the biotechnology industry will pave the way towards open collaborative research, reducing patent thickets. Formation of such pools will increase access to various technology and patents otherwise out of bounds, resulting in a reduction of licensing costs and a spur in the development of new solutions. Most importantly, such pools will reduce the frequency of patent toll gates, making the entire spectrum of research interesting from the perspective of researchers as well as investors. This book will be an aid to researchers studying intellectual property, patents, and biotechnology, as well as to interest groups including funding agencies, venture funds, angel investors, and proponents of the open-source movement.

Table of Contents

Contents









  1. Introduction: The Value of Patents and the Evolution of Licensing




  2. Patents and Their Value



    Cross Licensing



    Revenue Neutral License



    Cross Licensing and the Migration towards Patent Pooling







  3. The History and Evolution of Patent Pools




  4. Patent Pools



    The Development of Standard-Setting Pools
    Standard-Setting Pools







  5. Biotechnology and Patent Pooling: Antitrust issues in the US




  6. The Tying of Antitrust with Patents



    Standard Oil



    Hartford-Empire



    Nine No-Nos (post Standard Oil and Hartford-Empire)



    The Guidelines of 1995



    The Modern Approach and General Principles of Antitrust Analysis



    Tying




     





  7. Patent Pools and Competition Law: The EU Approach




  8. General Approach



    Technology Pools



    The Composition of the Pool



    European Union Regulations



    The Assessment of Pools





  9. Essential Facilities, Tying Arrangements, and Open-Source Structure





  10. The Concept of Essential Facilities



    The EU Approach to Essential Facilities



    The US Approach to Essential Facilities



    Tying Arrangements



    Open-Source Arrangement





  11. Biotechnology and Patent Pooling: A Way Forward





  12. Pooling and Biotechnology
    The Application of Pooling
    Information Pools (Upstream Pools)
    Technology Pools (Downstream Pools)





  13. The Structure of Pools




  14. Introduction



    Rationale in Pooling
    The Distinction between Standard-Setting and Non-Standard-Setting Pools
    The Structure of the "Proposed" POOL (Twin Whorl Arrangement)
    Licensing Provisions



    Summary





  15. Conclusion




Summary

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Author(s)

Biography

Devdatta Malshe is an independently practicing attorney and was editor of Industrial Property Law Reporter (2002–2008), based in Mumbai, India.