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1. www.bristows.com › viewpoint › articlesA careful balance: injunctions, patentees’ rights and public ...

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   Dec 22, 2020 · While monopolies in general are against the public interest, once a patent has been found valid and infringed, the patent monopoly is something which it is in the public interest to protect by an injunction in order to further the purposes of the system as a whole, such as to promote investment in innovation.”

2. www.wipo.int › patent-judicial-guide › enPatent System of the United Kingdom - WIPO

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   While monopolies in general are against the public interest, once a patent has been found valid and infringed, the patent monopoly is something which it is in the public interest to protect by an injunction in order to further the purposes of the system as a whole, such as to promote investment in innovation.

3. www.twobirds.com › en › patenthubPatents: injunctions and public interest in medical device cases

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   May 4, 2020 · The availability of an exclusionary injunction follows from the monopolistic nature of a patent right. While monopolies in general are against the public interest, once a patent has been found valid and infringed, the patent monopoly is in the public interest and is protectable by an injunction in order to further the purposes of the system as ...

4. link.springer.com › article › 10Regulations Matter: Epistemic Monopoly, Domination, Patents ...

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   Sep 16, 2021 · The ethical justification for the existence and authority of the democratic state is its commitment to advance the public interest. “Public interest” is at heart a moral notion, which is “principally concerned with the proper conduct of political life in democracies in general and the proper ways of making collectively binding political decisions in particular” (O’Flynn, 2010, 300).

   • Author: Zahra Meghani
   • Email: meghaniz@uri.edu

   • Publish Year: 2021

5. academic.oup.com › edited-volume › 27971Intellectual Property as a Public Interest Mechanism | The ...

   academic.oup.com › edited-volume › 27971

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   May 10, 2017 · The public’s interest is supported by patent protection, which allows successful innovation to receive monetary rewards; 8 the patent right is balanced by the public interest in access. 9 Whereas European conceptions of authors’ rights diverge from the incentive model of American copyright, in patent law there is no such contest over justifications: Patents everywhere are economic rights ...

6. www.cliffordchance.com › content › damPATENT LAW: APPROPRIATE BALANCE BETWEEN PRIVATE AND PUBLIC ...

   www.cliffordchance.com › content › dam

   the Ministry of Health to issue that an invention can be used in the interest of public welfare or in the interest of federal security. 7. Although section 13 GPA does not affect the validity of the patent, it is one of the provisions that set limits to the exclusive right of the patent holder in the interest of the public.

7. People also ask

   Are patent monopolies against the public interest?

   • While monopolies in general are against the public interest, once a patent has been found valid and infringed, the patent monopoly is something which it is in the public interest to protect by an injunction in order to further the purposes of the system as a whole, such as to promote investment in innovation.”

   A careful balance: injunctions, patentees’ rights and ... - Bristows

   www.bristows.com/viewpoint/articles/a-careful-balance-injunctions-patentees-rights-and-public-interest/

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   Why does a patent holder have an epistemic monopoly?

   • It allows the patent holder to have an epistemic monopoly, which impairs efforts of regulatory agencies to conduct rigorous evaluations of new technological products so to determine their safety and efficacy. A state that affords overly broad patent rights undermines its own regulatory agencies’ efforts to advance the public interest.

   Regulations Matter: Epistemic Monopoly, Domination, Patents, and the

   link.springer.com/article/10.1007/s13347-021-00467-2

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   Why are patents so expensive?

   • During the patent term, prices are generally kept relatively high and the choices open to those wanting to use the patented invention can be restricted, neither of which are themselves directly in the public interest, but this is balanced out by the public interest in stimulating and sharing innovation.

   A careful balance: injunctions, patentees’ rights and ... - Bristows

   www.bristows.com/viewpoint/articles/a-careful-balance-injunctions-patentees-rights-and-public-interest/

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   Can a patent injunction be refused on public interest grounds?

   • The jurisdiction to refuse or qualify a patent injunction on public interest grounds is not there to redraw the broad balance of public interests set by Parliament in the patent system. The power should be used sparingly and in limited circumstances. 144

   Patent System of the United Kingdom - WIPO

   www.wipo.int/patent-judicial-guide/en/full-guide/united-kingdom/9.7.1

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   Why are patent incentives important?

   • They are an important part of the careful balance that has been created within the patent system between the public interest and the rights of the patentee. Ultimately, what is important is that the right incentives are there to encourage innovation and to protect humanity from current and future diseases.

   A careful balance: injunctions, patentees’ rights and ... - Bristows

   www.bristows.com/viewpoint/articles/a-careful-balance-injunctions-patentees-rights-and-public-interest/

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   What is a public interest rationale?

   • Public interest rationales also often feature in justifications both for the rights themselves and for limitations or exceptions to those rights when private control of an intellectual resource would not promote the general welfare. The chapter considers patents, copyright, trademarks, and related rights, including the right of publicity.

   4 Intellectual Property as a Public Interest Mechanism - Oxford Academic

   academic.oup.com/edited-volume/27971/chapter/211600463

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8. www.wipo.int › edocs › mdocsStanding Committee on the Law of Patents - WIPO

   www.wipo.int › edocs › mdocs

   the objective is “to prevent the monopoly conferred by the patent working against the public interest. The Patents Act 1977 provides for the granting of compulsory licences as a way of correcting or remedying problems where certain conditions in the market are not being met or where licences are available but only