tag:blogger.com,1999:blog-5574479.post2489447495233872219..comments2024-03-28T11:16:43.146+00:00Comments on The IPKat: Global Forum on IP: Report 2Verónica Rodríguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger5125tag:blogger.com,1999:blog-5574479.post-50000637752977050982011-01-17T23:40:08.518+00:002011-01-17T23:40:08.518+00:00Richard Arnold is absolutely right to point out th...Richard Arnold is absolutely right to point out the mess that is UK copyright law, though it is hard to see how a government determined on a course of implementing directives without gold plating is going to make the law any clearer when the directives themselves are a hotch potch of half baked knee-jerk reactions and political agendas. Ah well.<br /><br />Oh, and you can catch a great photo of Robert van P. here http://fordhamipconference.com/wp-content/gallery/conference-2010/robert-van-peursem.jpg. <br /><br />In fact, you can get photos of a pretty fair cross section of the IP world on the Fordham site. <br /><br />It would be unwise to dwell on the precise meaning of the word "pretty" in that sentence.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-15017627182418121162011-01-16T20:12:13.242+00:002011-01-16T20:12:13.242+00:00The questions of MaxDrei are very interesting and ...The questions of MaxDrei are very interesting and actually about 134 years old. The chemical industry, from having a very precise appreciation of what they were actually inventing and insisting on protection for that: 'processes', has gone from strength to strength in obtaining better and better protection, to the disadvantage of society as a whole. If we look at Germany in isolation, first there was only protection for processes, then the products directly obtained from these processes, then chemical products as such, then (as regards pharmaceuticals) second medical indication, then term prolongation.<br /><br />A very interesting historical report on the early development and the considerations behind it is given in the publication "Ausgewählte Kapitel aus der Chemisch-Industriellen Wirtschaftspolitik 1877-1927" (Ed. C. Ungewitter), prepared by Verein zur Wahrung der Interessen der Chemischen Industrie Deutschlands E.V., Berlin 1927, pp. 285-322. It is fascinating to read the detailed deliberations among the most important industry leaders at the time, and the way that they perceived patent law, international competition (Switzerland and the Netherlands did not have patent laws at the time), and practical dealings. A different section of the book deals with trade secrets and how to protect them.<br /><br />When the first German Patent Act was created in 1877 after the unification of Germany (which before then had had 29 individual patent jurisdictions), the original government proposal had been to accept patents on chemical substances, but the chemical industry association petitioned to have this changed to 'processes' only, because "..... in the chemical industry it is not so much the product as the process for its manufacture that should be protected. ....... a protection for the product would result in prevention of the use of improved processes" [my translation]. Examples from other countries, such as France were seen as damaging to the chemical industry. However, as the Patent Act was used it turned out that there were difficulties in securing proof in cases of infringement, and a revision was proposed in 1890, in which the product obtained directly from the protected process was also protected. However, at all times it was stressed that only high-quality patents would be satisfactory.<br /><br />We have come a long way since then! Both as concerns the quality of issued patents and society’s possibilities of making use of the knowledge that has fallen into the public domain. <br /><br />Kind regards,<br /><br />George Brock-NannestadAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-15035192677105680372011-01-15T13:38:14.897+00:002011-01-15T13:38:14.897+00:00Another indicator of this topic (absolut Stoffschu...Another indicator of this topic (absolut Stoffschutz)is the present debate in the USA about the patent-eligibility of isolated DNA fragments. Do you block such claims under eligibility or for insufficiency of disclosure? Do you not think, ananymous, that a use-limited claim to a DNA fragment might strike a better balance between fair protection for the inventor and reasonable legal certainty for the public, and a scope of protection commensurate with the "contribution"? BTW, is DNA sui generis? Why not go back to older German law, and cut back absolute protection of any "Molecule X" claim to a use-limited claim? What harm does that do? What good does it do?MaxDreinoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-76164242109383871702011-01-14T23:16:19.639+00:002011-01-14T23:16:19.639+00:00Where does the idea of a "gradual end of abso...Where does the idea of a "gradual end of absolute product protection in Europe" come from?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-38073974645614202032011-01-14T22:18:42.954+00:002011-01-14T22:18:42.954+00:00Compliments to Judge Randall Rader, presiding judg...Compliments to Judge Randall Rader, presiding judge at the CAFC for his comments on judges in different jurisdictions listening to each other. When he participates at conferences over here, one gets the impression he is giving out but not taking in. But perhaps he is after all. Or was he yesterday just making soothing noises?MaxDreinoreply@blogger.com