Patent Law in Global Perspective

Acknowledgments
Preface
Introduction
Table of Abstracts
Chapter 1: Public Welfare and the International Patent System
Ruth L. Okediji
Part I-Global Patent Law and the Political Economy of Harmonization
Chapter 2: Intellectual Property Lawmaking, Global Governance, and Emerging Economies
Rochelle C. Dreyfuss
Chapter 3: US Executive Branch Patent Policy, Global and Domestic
Arti K. Rai
Chapter 4: Transnational Legal Ordering and Access to Medicines
Gregory Shaffer and Susan K. Sell
Chapter 5: The Limits of Substantive Patent Law Harmonization
Graham Dutfield
Part II-Global Approaches to Subject Matter Standards and Eligibility
Chapter 6: Patent Barbarians at the Gate: The Who, What, When, Where, Why and How of U.S. Patent Subject Matter Eligibility Disputes
Margo A. Bagley
Chapter 7: Patent Law's Problem Children: Software and Biotechnology in Transatlantic Context
Dan L. Burk
Chapter 8: Patenting Plants: A Comparative Synthesis
Mark D. Janis
Chapter 9: Enablement and Written Description
Matthew Fisher
Part III-Patents, Institutions, and Innovation Pathways
Chapter 10: Indigenous Developmental Networks and the Non-developmental State: Making Intellectual Property Work for Indigenous People without Patents
Peter Drahos
Chapter 11: Observing the Patent System in Social and Political Perspective: A Case Study of Europe
Shobita Parthasarathy and Alexis Walker
Chapter 12: Toward a Theory of Regulatory Exclusivities
John R. Thomas
Part IV-Exceptions and Limits to Patent Protection
Chapter 13: A False Sense of Security Offered by Zero-Price Liability Rules? Research Exceptions in the United States, Europe, and Japan in an Open Innovation Context
Esther van Zimmeren and Geertrui van Overwalle
Chapter 14: Exhaustion and Patent Rights
Christopher Heath
Chapter 15: A New Approach to the Compulsory License Conundrum
Cynthia M. Ho
Chapter 16: Balancing "Incentive to Innovate" and "Protection of Competition"
An African Perspective on Intellectual Property Rights and Competition Law
Mor Bakhoum
Part V-TRIPS Compliance, Patent Enforcement, and Patent Remedies
Chapter 17: Patentability Criteria as TRIPS Flexibilities: The Examples of China and India
Daniel Gervais
Chapter 18: Proof of Progress: The Role of the Inventive Step/Non-obviousness Standard in the Indian Patent Office
Feroz Ali Khader and Srividhya Ragavan
Chapter 19: Pharmaceutical Patent Enforcement: A Development Perspective
Shamnad Basheer, Jay Sanklecha and Prakruthi Gowda
Chapter 20: A Research Agenda for the Comparative Law and Economics of Patent Remedies
Thomas F. Cotter
Chapter 21: The Rule of Patent Law (RPL) as Established by the TRIPS Agreement and Its Role of Promoting Trade Rather than Invention
Nuno Pires de Carvalho
Index

Ruth L. Okediji is the William L. Prosser Professor of Law at the University of Minnesota Law School. She is widely recognized as one of the foremost experts on the international intellectual property system, its intersection with multilateral trade regimes, and implications for economic development. Her scholarship focuses on the needs of developing countries and issues of global knowledge governance in the context of international institutions and public international law. Professor Okediji has provided expert advice to numerous countries in drafting national patent laws and in TRIPS implementation and compliance.

Margo A. Bagley is a Professor of Law at the University of Virginia School of Law. She is one of the leading scholars in the area of international and comparative patent law and policy. Her scholarship focuses on issues relating to patents and biotechnology, pharmaceuticals, and technology transfer. Professor Bagley is a member of the board of directors of the Public Patent Foundation, and she served on the National Academy of Sciences Committee on University Management of Intellectual Property: Lessons from a Generation of Experience, Research, and Dialogue. Professor Bagley also lectures in the Munich Intellectual Property Law Program at the Max Planck Institute in Munich, Germany, and has taught courses in China and Singapore.

Contributors: 

Margo A. Bagley, Professor of Law, University of Virginia School of Law

Mor Bakhoum, Senior Research Fellow, Max Planck Institute for Intellectual Property and Competition Law

Shamnad Basheer, Ministry of HRD Professor of IP Law, WB NUJS-West Bengal National University of Juridical Sciences (India)

Dan L. Burk, Chancellor's Professor of Law, University of California, Irvine

Nuno Pires de Carvalho serves in the International Bureau of the World Intellectual Property Organization (WIPO) in Geneva, Switzerland. All views expressed are the author's and not necessarily those of the Secretariat or member states of WIPO

Thomas F. Cotter, Briggs and Morgan Professor of Law, University of Minnesota Law School

Peter Drahos, Professor in the Regulatory Institutions Network, Australian National University; Chair in Intellectual Property, Centre for Commercial Law Studies, Queen Mary, University of London

Rochelle C. Dreyfuss, Pauline Newman Professor of Law, New York University School of Law

Graham Dutfield, Professor of International Governance, University of Leeds School of Law

Matthew Fisher, Senior Lecturer and Vice Dean (Education), University College London

Daniel Gervais, Professor of Law and Director, Vanderbilt Intellectual Property Program, Vanderbilt Law School

Christopher Heath, Judge, Boards of Appeal, European Patent Office; Former Head of the Asian Department, Max Planck Institute, Munich

Cynthia Ho, Clifford E. Vickrey Research Professor and Director, Intellectual Property and Technology Program, University of Chicago - Loyola School of Law 

Mark D. Janis, Robert A. Lucas Chair in Law and Director, Center for Intellectual Property Research, Indiana University's Maurer School of Law, Bloomington, IN

Feroz Ali Khader, Coordinator, MHRD IPR Chair at the Indian Institute of Technology (IIT), Madras, India 

Ruth L. Okediji, William L. Prosser Professor of Law, University of Minnesota Law School

Shobita Parthasarathy, Associate Professor, Ford School of Public Policy, University of Michigan

Srividhya Ragavan, Professor of Law, University of Oklahoma College of Law

Arti K. Rai, Elvin R. Latty Professor, Duke Law School

Susan K. Sell, Professor of Political Science and International Affairs, George Washington University

Gregory Shaffer, Melvin C. Steen Professor, University of Minnesota Law School, and Affiliated Professor of Political Science, University of Minnesota 

John R. Thomas, Professor of Law, Georgetown University

Geertrui van Overwalle, Professor of IP Law, University of Leuven, and Professor of Patent Law and New Technologies, Tilburg Institute for Law, Technology, and Society (TILT), University of Tilburg

Esther van Zimmeren, Assistant Professor of Law, University of Liège, and post-doctoral research fellow of the Research Foundation-Flanders (FWO), Centre for Intellectual Property Rights, University of Leuven

Alexis Walker, Ph.D candidate, Department of Science and Technology Studies, Cornell University