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Juridic Park - traps and illusions of harmonization (a work of legal fiction)

Article Abstract:

The author's short fiction piece describes a future world in which the US, having accepted a 1996 treaty harmonizing patent laws according to the European notion of awarding patent rights to 'first filer' rather than first inventor, is still able to maintain its patent protectionism. The story posits that the Americans begin filing documentation that essentially protects first inventor rights despite the treaty. The French narrator laments that a US-mandated grace period has opened France to American patent applications, while France has obtained only a few more US patents than they would have under the previous system.

United States, France, Humor and anecdotes, Harmonization of laws, international

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Critical and practical observations regarding pharmaceutical patent term restoration in the European Communities

Article Abstract:

The European Community has responded to economic challenges facing pharmaceuticals developers by enacting procedures that allow for patent extensions by use of a Supplementary Protection Certificate. The effective patent life for pharmaceuticals can be very short, and many manufacturers have difficulty recouping research and development costs. More advantageous US laws and inconsistent laws with the EC have placed EC drug companies at additional disadvantages. As of Jan 1, 1995, 12 of 15 EC members have put the regulations extending protection in force.

Intellectual property, European Community, Pharmaceutical technology, Patent extensions

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