Patents and Technological Progress in a Globalized World Liber Amico
In the last two decades, accelerating technological progress, increasing economic globalization and the proliferation of international agreements have created new challenges for intellectual property law. In this collection of articles in honor of Profess
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Wolrad Prinz zu Waldeck und Pyrmont Martin J. Adelman • Robert Brauneis Josef Drexl • Ralph Nack (Editors)
Patents and Technological Progress in a Globalized World Liber Amicorum Joseph Straus
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Wolrad Prinz zu Waldeck und Pyrmont Max Planck Institute for Intellectual Property, Competition and Tax Law Marstallplatz 1 80539 Munich Germany [email protected]
Professor Martin J. Adelman The George Washington University Law School 2000 H Street, NW Washington, DC 20052 USA [email protected]
Professor Robert Brauneis The George Washington University Law School 2000 H Street, NW Washington, DC 20052 USA [email protected]
Professor Dr. jur. Josef Drexl Max Planck Institute for Intellectual Property, Competition and Tax Law Marstallplatz 1 80539 Munich Germany [email protected]
Dr. jur. Ralph Nack Bird & Bird Pacellistraße 14 80333 Munich [email protected]
ISBN 978-3-540-88742-3
e-ISBN 978-3-540-88743-0
DOI 10.1007/978-3-540-88743-0 Library of Congress Control Number: 2008938335 © 2009 Springer-Verlag Berlin Heidelberg This work is subject to copyright. All rights are reserved, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilm or in any other way, and storage in data banks. Duplication of this publication or parts thereof is permitted only under the provisions of the German Copyright Law of September 9, 1965, in its current version, and permission for use must always be obtained from Springer-Verlag. Violations are liable for prosecution under the German Copyright Law. The use of general descriptive names, registered names, trademarks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. Cover design: WMX Design GmbH, Heidelberg Printed on acid-free paper 987654321 Springer.com
Preface On December 14, 2008, Joseph Straus will celebrate his 70th birthday, which is the occasion and reason for the present liber amicorum honouring his lifelong dedication to and achievements in research and teaching in the field of intellectual property, especially patent law. Friends, colleagues, and pupils in more than 15 different countries in Asia, America and Europe have written 60 articles providing legal, economic and policy perspectives on the challenges raised by ‘Patents and Technological Progress in a Globalized Economy’. Among the many issues addressed in this book are fundamental questions of substantive patent and utility model law (chapter 1); the relationship of exclusive rights and competition, focussing both on inherent limitations of intellectual property law (chapter 2) and limitations imposed by competition laws (chapter 3); the rapid development of specific technical fields such as biotechnology (chapter 4); employee invention law (chapter 5); questions of procedure, enforcement and liability (chapter 6); the relati
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