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Dissertation
Immaterialgüter- und Wettbewerbsrecht

Patent Information: a Technology Transfer Channel for Development?

The research aims to investigate the extent to which patent information can be utilised as a channel for technology transfer. It analyses the challenges facing developing countries while trying to adapt/adopt/ commercialise the technical knowledge encompassed in patent documents.

Last Update: 01.10.12

- The Right’ to Patent Information.

The chapter offers a critical analysis of the ‘right’ to patent information and makes the argument that rules governing patent disclosure might not necessarily secure the balance between the patent holder rights and the public interests.

- The Disclosure Requirement and the Right to Patent Information

In essence, by imposing conditions on the patentee to disclose clear and complete information related to the claimed invention, article 29 of TRIPS agreement concentrates the right to third parties access and to use patent information.

- Patent Information Quality and Access to the Technical Knowledge

The question posed is related to the extent to which substantive disclosure rules can secure the release of quality patent information which can be easily retrieved and utilised for development. The chapter examines issues related to the availability, accessibility and readability of patent information.

- Technical Aspects of the Transfer of Patent Information Into Innovation

Based on the premise that imitation can be a source of innovation, the chapter analyses technical aspects related to the process of transferring patent information into innovation.

- The Tunisian Case

The chapter measures the extent to which the Tunisian patent law has enlarged or tightened the scope of the public domain. Conversely, it examines whether the Tunisian legislator has fully implemented the possibilities offered by the TRIPS agreement in promoting access to patent information and in enhancing technology transfer for development. Then, it offers an examination of the Tunisian patent information quality by assessing the level of disclosure and by focusing on its availability, accessibility and readability. Finally, while examining the effect of the WIPO Development Agenda projects on enhancing access and use of patent information in Tunisia, the research outlines the challenges that ought to be raised to make of patent information a real lever for development.

Persons

Doctoral Student

Nefissa Chakroun

Supervisor

Dr. Henning Große Ruse-Khan

Doctoral Supervisor

Dr. Grail Evans; Prof. Dr. Spyros Maniatis

Main Areas of Research

Schutzgrenzen im Immaterialgüterrecht