englischUpon almost identical conditions of application, the GDPR takes precedence over national legal regime for merchandising. It raises the research question: how would the GDPR regulate merchandising? And, whether the consequences are theoretically justified and practically reasonable? Unlike [...]

englischThe socio-economic and political characteristics of the Eastern and Southern Africa (ESA) jurisdictions call for a different approach to competition policy. Competition Policy in the ESA context draws one’s mind to three major themes: development, small market economies and regional [...]

englischIn the digital age, information has become an increasingly valuable, but at the same time vulnerable commodity. The strategic role that trade secrets play in the economy of the Single Market and the scattered legal framework across EU jurisdictions prompted the EU Commission to harmonise [...]

englischIn an increasingly harmonized global patent landscape, few issues still distinguish the US patent system as much as its strict–and often criticized–duty of candor and its inequitable conduct doctrine. The EPO and most other countries around the world impose less burdensome disclosure duties [...]

englischThe EU data economy could double within the next years if policy and legal framework conditions are put in place in time. The first step has been taken by the EU with adoption of the GDPR, which introduced the right to data portability (RtDP). While the RtDP’s primary objective is to provide [...]

englischBetween 2013-2017, around 115 EU trademark applications were rejected on morality and public order grounds. In the GCC (six Arab and Islamic countries), anecdotal evidence suggests some refusals have bemused foreign applicants and highlighted cultural blindspots. In this context, this work [...]

englischThe General Data Protection Regulation (GDPR) replaced the old and battered Data Protection Directive on 25 May 2018 after a long-drawn reform. The rapidly evolving technological landscape will test the ability of the GDPR to effectively achieve the goals of protecting personal data and the [...]

englischFTO licensing in the pharmaceutical industry deserves special consideration because of the large economic scale of the market, expensive cost of R&D, extremely low success rate, and easy duplication of the drug. Taking these unique aspects into consideration, the author first explaines how [...]

englischAlthough the U.S. Patent System has been essential to spurring innovation, it has wavered in its efficiency and effectiveness at doing so. This research first makes historical comparison and analysis of the Apple and Wright landmark patent war cases to illustrate that, irrespective of [...]

englischBiopatents frequently disclose sequences of polypeptides and nucleic acids in the written description. The claims often cover a homology range surrounding the disclosed sequence to get a broader protection. However, homology claims face a hurdle that they may lack support by the written [...]

englischTaking the dynamics of EU competition policy as a reference, the author provides a historical perspective of China's competition law, enforcement mechanisms and future challenges against the background of ongoing economic reforms and the concomitant modernisation of the judicial system. [...]

englischThrough the emergence of several high-profile investment arbitration cases, the effects of IPRs as investments covered under IIAs have finally come to light. The latest award, the only arbitration case dealing with patents as IPRs – the Eli Lilly v. Canada case – has brought up a number of [...]

Die Arbeit diskutiert die Auswirkungen der Durchsetzung von Standard-Patenten für das Wettbewerbsrecht. Die formale Standardeinstellung hat das Potenzial, zu nahezu optimalen Investitionen in Forschung und Entwicklung und gleichzeitig zur schnellen Umsetzung innovativer Standards zu führen.

englischSocialistic brands are signs with unique characteristics acquired through their use in particular historical circumstances. It is considered whether, decades after the fall of the iron curtain, the shared historical pedigree justifies different treatment of these signs. The author attempts [...]

englischStandard-setting is an essential tool for promoting innovation, competition and resulting in benefits to consumers and businesses. However, due to the fact, that standards are usually protected by standard-essential patents (SEPs), standard-setting may obstruct the access to the standardized [...]

englischBrazil’s insertion into the World Trade Organization (WTO) has stimulated economic growth, as the country has been benefiting from lower trade barriers. The country has accepted the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) – Annex 1C of the WTO agreement – [...]

englischIntellectual Property law is a dynamic field; its ever-changing landscape challenges us to constantly revisit the existing laws and policies. Although ideological currents of a second-tier patent (STP) regime are sweeping through the South Asian region in recent years, the concept of utility [...]

englischTraditional trade marks have become a rarity, widely replaced by more appealing means of market communication. Fueled by the CJEU's liberal jurisdiction, widening the subject matter eligible for trade mark protection, a whole new world of opportunity has opened up to advertisers.

The author [...]

englischThis book looks into the nature and status of Community collective marks and explores to what extent they can incorporate certification marks under the current European trade mark law. Welcoming the proposal for a new European Trade Mark Regulation in 2013, the study argues that the two [...]

englischThe topic of this book is one of the most contentious, complex and at the same time very important in many respects. Latest achievements in the biotechnology industry related to the stem cell technology are quite important.

On the one hand, human embryonic stem cells are viewed as strong [...]

englischThe development of new medications and improvements thereof are crucial to ensure continued gains in health. The development process is long and costly, and mainly to produce the information to meet high regulatory requirements. In contrast, imitation involves negligible costs and much [...]

englischIntellectual Property rights are expanding and, thus, overlapping more than ever before. This poses challenges to a system devised as comprising a set of isolated compartments, each with its defined purpose.

The diverging rules concerning ownership and entitlement can lead to different [...]

englischThis book investigates lifecycle management strategies used by pharmaceutical companies attempting to maximize the value of their product portfolio. Such strategies are sometimes referred to by generic drug companies as “evergreening”. The analysis focuses on two of these strategies, namely [...]

englischThis publication discusses one of the most influential pieces of legislation relating to technology transfer in the United States: The Bayh-Dole Act. The publication discusses the history that led to the groundbreaking Act, characterizes strengths and weaknesses of the Act from an economic [...]

englischTrademark rights play a significant role in the proper functioning of a common market of a given regional bloc. Experience teaches that, unless national trade mark regimes of individual countries cooperating in a given regional bloc such as the East African Community (EAC) are integrated [...]

englischIntangible Assets such as brands and other intellectual property (IP) are highly contextual and unique. There exist hardly any functioning market mechanisms for IP. For these reasons, IP valuation for strategic and prognostic, i.e. future-related, purposes is highly complex. This work aims [...]

englischThis book addresses the application and the implications of Art. 25(1)(e) CDR – the basis for invalidation of a Community design on the basis of infringement of a prior distinctive sign. This potentially attractive provision, allowing for an invalidation with reference to various legal [...]

englischThis book analyzes the EU’s approach to P2P, a digital age technology that highlights the tensions between the Internet and a territorial and fragmented copyright law. It aims at providing the necessary legal qualification and context to understand why the EU, while following an economic and [...]

englischThe world increasingly faces the adverse impact of climate change. What role can intellectual property play to stimulate the necessary innovation and technology transfer? Providing an inventory of patent law, policy and information, including certain private initiatives, this thesis [...]

englischThe thesis is a response to the recent decisions of the German Federal Court of Justice on the patentability requirements of selection inventions, namely, the Olanzapine and Escitalopram decisions.

This thesis provides an overview on the technology and patenting practice, followed by the [...]

englischWith the advent of a global community, which draws its sustenance from the unfettered communication of ideas and expression, it is worth reflecting on the role of copyright law and considering whether the existing legal frameworks of copyright in Europe have the capacity to meet the changing [...]

englischThis book discusses the implications of the 2009 EU Commission’s Pharmaceutical Sector Inquiry on originator’s opportunities to apply Intellectual Property related measures in defending against generic competition. It argues that on the one hand recent developments in EU competition law do [...]

englischDefining the true meaning of the acronym FRAND reminds of the parable of two political parties arguing before the elections: who is right and who is wrong, although they both know that there is no such thing as one truth and most utterly it depends on the individual perspective. Given the [...]

englischHow did the implementation of the EU Enforcement Directive on IP rights, which was adopted just before the expansion of the EU in May 2004, affect new EU Member States? This monograph is focused on three Baltic countries (Lithuania, Latvia and Estonia) and is aimed to present the collected [...]

englischIn patent communities several patentees cooperate contractually to licence the respective patented technologies to third parties. In consideration of the rising relevance of this business practice, this book discusses crucial courses and strategic considerations, which are the basis for the [...]

englischThe Human Genome Project revealed that the human organism contains far fewer genes than proteins. The fact that approximately 33,000 genes encode more than 200,000 thousands proteins invalidated the long-held assumption that one gene encodes a single protein. Further studies demonstrated [...]

Die Neuerscheinung beschäftigt sich mit der Patentierbarkeit von nanotechnologischen Erfindungen.

Die Autorin beschäftigt sich mit der Informationsbeschaffung in Patentrechtsstreitfällen. Sie vergleicht die Regelungen im amerikanischen Recht mit dem französischen Institut der Saisie-Contrefacon.

englischTraditional medicines have and will continue to form the basis of modern pharmaceuticals. Many indigenous communities are claiming rights in pharmaceuticals derived from their traditional medicine. In the past, such knowledge derived from non-western communities was largely regarded as free [...]

englischDo patents rules prevent countries from acquiring affordable medicines? A number of legal experts and governments have felt that the WTO, in particular the TRIPS Agreement, forces countries to favour patents over public health. The WTO sought to settle this dispute by concluding the Public [...]

englischInterestingly enough, food, being central to every human being, has been excluded from pat-entability in many patent laws. The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) now forces all Members of the World Trade Organization to abolish the exemption. For this [...]