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Supplementary Protection Certificates Supplementary protection certificates (SPC) extend the effects of patents for medicinal products by a maximum of five and a half years, i.e. the certificate becomes effective at a time when the respective pharmaceutical is widely known on the market and thus generates the maximum revenue. This explains the enormous economic value of SPCs. They protect some of the most valuable products in the pharmaceutical industry. The legal basis for the SPC for medicinal products is a European Regulation. The obtaining provisions of that Regulation, the scope of protection etc. are highly disputed and have been the subject of numerous decisions of the CJEU. This handbook provides valuable insights into the world of SPCs and the most significant case law and legal sources at EU and national level of Germany, the UK, France, Italy, the Netherlands and Switzerland. The second completely revised edition specifically addresses recent developments of SPCs including manufacturing waivers and the implications of “Brexit”
The Research Handbook on Intellectual Property Rights and Arbitration explores the complementary relationship between state court adjudication and arbitral proceedings in the context of intellectual property rights. Presenting contemporary research and insight into the scholarly debates on the topic, it provides a comprehensive overview of arbitrating intellectual property disputes on an international scale.
As of 1st of June 2023, after years of negotiations, setbacks and postponements, the Unitary Patent Package (UPP) enters into force: the European patent with unitary effect (EPUE) becomes a reality and the Unified Patent Court (UPC) starts its activities. Regrettably, the patent regime put in place is not a genuine EU system. Adopted through an enhanced cooperation procedure, it firstly does not include all EU Member States. Secondly, the conditions and the procedure for granting EPUE is in the hands of the European Patent Office, an international organization to which EU is not a party. Lastly, the substantive provisions and the litigation proceedings are defined by an international treaty ...
Carefully authored by Justine Pila, this significantly revised and expanded third edition of Catherine Seville’s classic text, presents a thorough and detailed treatise on EU intellectual property (IP) law, taking into account the many developments in legislation and case law since the second edition.
Over the last decades, nanoscience and nanotechnology has been ascribed the potential to contribute beneficial applications in fields such as medicine, cosmetics, or environmental remediation. At the same time it is still contested whether engineered nanomaterials might be not one-sidedly “good” but may also entail negative side-effects for human health and the environment. To address this uncertainty, academic and political initiatives have sought to establish norms and practices to assess and govern nanomaterials. Rooted in different disciplines such as ethics, ecology, law, social and political sciences, the chapters in this edited volume explore the normative approaches, societal practices, and legal mechanisms which have emerged in the nano-field over the last two decades. The chapters also present a broad variety of evaluative approaches that may assist societal actors in their attempts to actively shape and contribute to the debate about nanomaterials.
This book provides a comprehensive overview of European Patent Law. It presents a critical analysis of the European patent law system and the proposed changes to it. The book explores the strengths and weaknesses of the European Patent Convention, and the interaction between the national and the European level, as well as across borders.
3D printing (or, more correctly, additive manufacturing) is the general term for those software-driven technologies that create physical objects by successive layering of materials. Due to recent advances in the quality of objects produced and to lower processing costs, the increasing dispersion and availability of these technologies have major implications not only for manufacturers and distributors but also for users and consumers, raising unprecedented challenges for intellectual property protection and enforcement. This is the first and only book to discuss 3D printing technology from a multidisciplinary perspective that encompasses law, economics, engineering, technology, and policy. Or...
This innovative Research Handbook explores the complex and controversial interactions between intellectual property (IP) and investment law. In light of recent developments at national, European and international levels, the chapters critically examine the legitimacy of current practices with regard to the social function of IP rights and the regulatory autonomy of States to undertake measures in the public interest.
I - ARTIGOS DOUTRINÁRIOS DIREITO DE AUTOR E DA SOCIEDADE DE INFORMAÇÃO Os direitos dos editores de publicações de imprensa na Diretiva 2019/790 e no direito português Gonçalo Gil Barreiros Os caminhos do direito autoral no Brasil Heloísa Medeiros/Pedro de Pergidão Lana La transposición del articulo 17 de la Directiva en derecho español y la responsabilidad de los prestadores de servicios para compartir contenidos en línea Jorge Ortega Doménech PROPRIEDADE INDUSTRIAL Reflexões sobre o segredo industrial e seu tratamento no direito brasileiro José Augusto Fontoura Costa A densificação do conceito de «oferta» previsto no art. 102.o, n.o 2, alíneas a) e c), do Código da Prop...
I – ARTIGOS DOUTRINÁRIOS DIREITO DE AUTOR E DA SOCIEDADE DE INFORMAÇÃO As utilizações livres como “exceções”, “limitações” ou “direitos dos utilizadores”? O caso do art. 17o da Diretiva do Direito de Autor no Mercado Único Digital - Alexandre L. Dias Pereira What should we reasonably expect from artificial intelligence? - Leonardo Parentoni PROPRIEDADE INDUSTRIAL Normas processuais aplicáveis no Tribunal Unificado de Patentes – “Nacionalismo processual” versus “europeização” do Processo Civil em matéria de direito de patente – J.P. Remédio Marques O uso da marca em registos não fungíveis (NFTs) - Maria Miguel Carvalho Licenças obrigatórias de dire...