A politics of patent law
Subtitle: crafting the participatory patent bargain
By: Kali Murray
Series: Routledge research in intellectual property
Publisher: Routledge
Published: 2012
Place of publication: Abingdon, Oxon [UK]; New York
Language: eng
ISBN-13: 9780415565172; 9780203098103
Subjects: Patent practice; LAW / Intellectual Property / General; Patent laws and legislation; Political aspects; LAW / General; BUSINESS & ECONOMICS / Development / Business Development
Description: "There has been much written on the impact of the international treaties like the Trade Related Aspects on Intellectual Property (TRIPS), which lament the failure of patent systems to respond to the interests of a diverse set of non-profit, public interest, and non-corporate entities. But these studies have failed to examine why such inclusion has proven to be particularly difficult. This book examines how patent law can accommodate what James Boyle terms a "politics" that is a conceptual map of issues, a rough working model of costs and benefits, and a functioning coalition-politics of groups unified by common interest perceived in apparently diverse situations. A Politics of Patent Law surveys national statutory and case law, regional patent treaties, and international treaties, to understand how to craft a more "participatory bargain" in patent law. The book provides a substantive account about the ways in which the various types of participatory mechanisms currently operate, and examines how participatory mechanisms can be developed in patent law, particularly within the regional and international context. The book will set out a "tool-box" of participatory mechanisms which would allow for, and foster third party participation in the patent process"--

"There has been much written on the impact of international treaties like the Trade Related Aspects on Intellectual Property (TRIPS), which laments the failure of patent systems to respond to the interests of a diverse set of non-profit, public interest, and non-corporate entities. This book examines how patent law can accommodate what James Boyle terms a "politics", that is, "a conceptual map of issues, a rough working model of costs and benefits, and a functioning coalition-politics of groups unified by common interests perceived in apparently diverse situations". A Politics of Patent Law provides a substantive account of the ways in which various types of participatory mechanisms currently operate in patent law, and examines how these participatory mechanisms can be further developed, particularly within a regional and international context. In exploring this, Murray highlights the emergence of constitutional law in international intellectual property law as being at the centre of the patent bargain and goes so far as to argue that the constitutional tradition in intellectual property law is as important as TRIPS. Ultimately, the book sets forth a "tool-box" of participatory mechanisms which would allow for, and foster third party participation in the patent process. This book will be of particular interest to academics, students and practitioners in the field of IP Law"--
Notes: Includes bibliographical references.