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 [...]

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.

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 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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]