New IP resource for Pharma, Biotech and Chem – Licensing and listing
Another quick excerpt from the new book, Pharmaceutical, Biotechnology and Chemical Inventions: World Protection and Exploitation soon to be published by Oxford:
“In some jurisdictions, such as Australia, exclusive licensees enjoy certain additional rights by virtue of their exclusivity. Some jurisdictions, such as Japan, require such licences to be placed on the official register of patents in order to take effect. In France a patent licence will not be enforceable unless it is so registered. In the United Kingdom failure to register a licence within six months of the grant may mean that the licensee cannot obtain damages for the period up to registration.
The scope of exclusivity required is an important consideration here, as it varies between some jurisdictions. In Australia, a licensee of a patent for the purpose of one field only (for example cancer, as opposed to all uses of a drug) is not considered to be an exclusive licensee for the purposes of the patents legislation, and therefore cannot take the benefit of the additional rights, such as the right to sue, etc. Note that in some jurisdictions, such as Canada, the right to sue may be enjoyed by all entities claiming under the patentee, including an implied licensee.
In some jurisdictions, such as Australia, Canada, and the United States, different courts may have jurisdiction to deal with infringement of intellectual property rights as opposed to those that may deal with a contractual dispute. Care must be taken to adequately control or enable listing in countries which require patents relevant to drug products to be placed on an official list (such as the United States and Canada).”
As before, this is a short excerpt from one of the overview summary sections.
Just to recap, it’s a detailed and strategic look at intellectual property and related issues in the pharmaceutical, biotechnology and chemical industries. It covers 11 jurisdictions, has a Europe overview section and will be published by Oxford University Press. It is topic based, so that you can see how the same issue is dealt with across the globe in one spot.
Oxford has kindly granted a 20% discount for readers of IP Think Tank. To claim your discount, just click this link (Pharmaceutical, Biotechnology and Chemical Inventions and enter the code ‘ALBUCK10′ , or call the team at Oxford on +44 (0) 1536 741727 and use the code ‘ALBUCK10’. (Note: this offer is only available on orders placed direct with Oxford University Press and is not available through any other supplier.)
Just to give you a little more background, the book will be published in a 2 volume set, with about 1,800 pages. It’s designed for the in-house team – to make things way easier than they are today.
Finally, thanks again to our incredible contributor team, each of whom are amongst the very best in the world:
Pravin Anand, Anund and Anund, India
John Bateman, Kenyon & Kenyon, USA
Susan Beaubien, Moffat & Co, Macera & Jarzyna LLP, Canada
Theo Bodewig, Humboldt University, Germany (Consultant Editor)
Simon Cohen, Taylor Wessing, UK
Wayne Condon, Griffith Hack, Australia
Marina Couste, Howrey LLP, France
Robert A. Dormer, Hyman, Phelps & McNamara, P.C., United States
Atsushi Hakoda, Nakamura & Partners, Japan
Juany Huang, Panawell and Partners LLC, China
Reuben E. Jacob, R. G. C. Jenkins, UK
Fabrizio Jacobacci, Studio Legale Jacobacci & Associati, Italy
Kurt R. Karst, Hyman, Phelps & McNamara, P.C., United States
Klaus Kupka, Taylor Wessing, Germany
David C. Musker, R. G. C. Jenkins, UK
Cyra Nargolwalla, Cabinet Plasseraud, France
Nina Resinek, Taylor Wessing, Germany
Toshio Takizawa, Nakamura & Partners, Japan
Koichi Tsujii, Nakamura & Partners, Japan
Klaus Schweitzer, Plate Schweitzer Zounek, Patentanwaelte, Germany
Deborah Somerville, Kenyon & Kenyon, USA
Paul Steinhauser, Arnold Siedsma, Netherlands
Nigel Stoate, Taylor Wessing, UK
Rosie Stramandinoli, Griffith Hack, Australia
Otto Swens, Steinhauser Hoogenraad, Advocaten, The Netherlands
Andreas Walkenhorst, Tergau & Pohl Patentanwälte, Germany
William Yang Panawell & Partners LLC, China
Federico Zanardi Landi, Studio Legale Jacobacci & Associati, Italy