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Project

Good governance in patent law.

Patents may be granted for inventions, which are new, involve an inventive step and are susceptible to industrial application. In many sectors patents are key tools to stimulate research and development and to reward investment. Ultimately, inventions may even contribute to job growth and economic welfare. However, these important objectives can only be achieved in a proper way when patent actors (e.g. legislators, patent offices, courts) respect key principles of good governance. Governance revolves around the question which powers are attributed to the various actors and how these powers are exercised. Principles such as transparency, participation by civil society and coherence should be respected. These principles are even more important when controversial questions arise, such as the patentability of human genes and embryonic stem cell research. Such important questions should not be left to institutions, which cannot be held accountable. The objective of the research project is (1) to examine the concept of good governance; (2) to analyze to what extent the European patent system complies with principles of good governance; (3) to compare the results of this examination with the patent systems in the US and Japan; (4) to identify best practices, and (5) to make recommendations about potential improvements of the European patent system.
Date:1 Oct 2011 →  30 Sep 2013
Keywords:US, Good governance principles, European patent office, EU, Japan, Governance, European patent system, Patent law
Disciplines:Law