CRIME SCENARIO

Crime Scenario

Crime Scenario

Introduction

A patent is a legal document granted by the federal government (i.e., the PTO) whereby the recipient (or “patentee”) is conferred the temporary right to exclude others from making, using, selling, offering for sale, or importing the patented invention into the United States for up to 20 years from the filing date. Similarly, if the invention is a process, then the products made by that process cannot be imported into the United States. A patent provides protection only in the United States, its territories, and its possessions for the term of the patent. It is estimated that around 90 percent of the world's patents are issued through the three main patent offices—the PTO, the European Patent Office, and the Japanese Patent Office.

Should the doctor's activity be considered a violation of the law, a deviant act, or neither?

Yes, the act of the Doctor is to be considering as a violation of the law or you can say that a deviant act. In recent years, however, patents have become the subject of much debate and controversy. In fact, there are plenty of anti-patent players in the field who feel that patent laws (and most international treaties) are unfairly providing an economic advantage to some over others.

It has even been suggested that patent laws and IP are the products of a new form of Western colonialism designed to deny the developing world access to common goods. Issues like bio piracy and patent theft have been proffered as reasons for the unavailability of essential drugs (e.g., anti retroviral for HIV) to the poorest and neediest people in the world.

Not surprisingly, those in the developing world support patent protection but prefer a regime that suits their own national interests. In this regard, they highlight the fact that although western drug companies continue to cite the need to reward innovation as a justification for stronger patent laws or patent enforcement, in reality, the drug companies continue to spend more on reformulating pre existing drugs and on expensive litigation to protect their current patent portfolios than to innovate. Future struggles over patents on the international stage are almost certain to focus on drug patents, where multinational drug patents are likely to be challenged and even revoked.

If this activity is a violation of the law or should be, how may it be stopped, especially if the doctor goes overseas?

We can stop violation of this law from the following methods

Unique Challenges for Law

We can stop the violation of a law, by adopting few methods, which are discussed below:

Generalizability

Much of the discussion of “technology” discusses the technology in the singular, yet we know technology consists of a very broad and varied range of products, processes, and technologies. A question for the legal system is therefore whether it is feasible and sensible to treat all technology alike as a single category, or should products, processes, and technologies be subcategorized based on their specific attributes and properties?

Definition

If law regulates ...