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Law of Pharmaceutical Patents in International Trade Agreements
Bernardová, Aneta ; Pauknerová, Monika (advisor) ; Pfeiffer, Magdalena (referee)
Law of Pharmaceutical Patents in International Trade Agreements Klíčová slova: TRIPS, Patents, Pharmaceuticals Abstract Trade related aspects of intellectual property rights - especially pharmaceutical patents - were one of the most controversial topics in Trans-Pacific Partnership and Transatlantic Trade and Investment Partnership negotiations. Whereas just thirty years ago international intellectual property law was mostly tied to the multilateral playground of the Agreement on Trade-Related Aspects of Intellectual Property rights (TRIPS), nowadays we can see increasing bilateralism and regionalism in this area. The agreements that build on the protection guaranteed by the TRIPS agreement are known as TRIPS-plus agreements. One of the root causes that led developed countries to promote intellectual property rights shifting from multilateralism to regionalism was the increased negotiation power tied to a smaller playground. This thesis argues that there is a shift in intellectual property rights regulations from multilateral to bilateral and regional trade agreements. This shifting serves the purpose of promoting increasingly extensive intellectual property rights protection. In its theoretical chapter the thesis describes the powers that formed the foundation of the World Trade Organisation. It...
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Comparison of patent law in the EU countries
NIGLIAZZO, Hana
This Diploma thesis, called "Comparison of patent law in the EU countries", deals with legislation of invention patents and their protection in selected countries such as Germany and the Czech Republic. Within Europe there is an attempt to harmonize the legislation in the field of intellectual property rights in all member countries and to create a unified legal system. A patent is the most important object in protection of industrial property. The secondary objective of this thesis is focused on the identification of the re-sponsible authorities and to determine the financial and time requirements for obtaining a patent. Next major objective is the evaluation of the use of the patent protection within the Czech and German universities, research organizations and private companies and then their transfer of technologies. The practical part contains the analysis of both selected countries from the per-spective of patent law, valid legislation, the responsible institutions and patent statistics for the last ten years. Additional chapter discusses the results of research and development in the university environment at three universities in the Czech Republic and Germany. The analysis is focused in particular on the procedure of obtaining a patent, then also the influence of the local authorities. The comparison of these two countries has revealed some certain similarities, but also striking differences between them. The Czech Republic is currently also slowly dis-covering the benefits of patent protection, but the results can be evaluated only after some time interval.
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Copyright and patent protection of computer programs in the United States of America and in the Czech Republic - analysis and comparison
Stehlík, Petr ; Holcová, Irena (advisor) ; Křesťanová, Veronika (referee)
Copyright and patent protection of computer programs in the United States of America and in the Czech Republic - analysis and comparison Computer programs in their nature are specific objects which have great value in the current information age. The purpose and aim of this thesis is to conduct a detailed analysis of the two most important regimes of their legal protection - copyright and patent protection. I cover both of these topics in the context of the law of the United States of America (USA) first and then in relation to the law of the Czech Republic. In the chapters about copyright protection, I specifically describe the individual aspects of a computer program, such as source and object code, graphical user interface, structure and functions of a computer program and whether and under what conditions these aspects of a computer program are protected. After that I analyse the conditions of a computer program's protection in connection with patents. As to the law of the USA, the most important source of law are understandably decisions of local courts in which the form and conditions of both copyright and patent protection of computer programs are described in a detailed manner. In the chapters which concern legal protection of computer programs in the Czech Republic (specifically in...
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Empirical Essays in Institutional Microeconomics
Schwarz, Jiří ; Bauer, Michal (advisor) ; Benáček, Vladimír (referee) ; Bjørnskov, Christian (referee) ; Berggren, Niclas (referee)
The dissertation consists of three empirical papers in institutional microeconomics. The first paper examines the role of institutional quality in international trade, the second paper focuses on unintended consequences of intellectual property rights for social welfare, and the last one addresses the impact of banking on corporate financing and investment. An introductory chapter puts these three papers into perspective. In the first paper I analyze the role of institutions in price dispersion among cities in the European region in the 1996-2009 period. Using a number of institutional quality measures I find that the better the institutions, the lower the predicted dispersion. The result is robust to different specifications of the regression model and is consistent with a hypothesis that arbitrage, as an entrepreneurial activity and the main power behind the law of one price, is influenced by institutional quality. In the second paper I use a large data set of U.S. patents applied for between 1980 and 2007 by 22 large technology companies to study development of strategic patenting over time and across industries. Using two complementary methods I reveal strong evidence against the hypothesis of more strategic patenting after 1995. Contrary to the expectations, aerospace patents appear to be on average...
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The specifics of interpretation and application of the European union competition law in relation to patents: limitation of patent rights by the "essential facility doctrine" in the U.S. antitrust and E.U. competition law
Přibil, Stanislav ; Šmejkal, Václav (advisor) ; Dobřichovský, Tomáš (referee)
The relationship between competition law and intellectual property (IP) rights is often viewed as adversarial. Competition law strives to maintain effective competition as a way of achieving effective allocation of resources and thereby contributing to consumer welfare. IP rights, on the other hand, provide the IP holder with a legal monopoly for a limited period of time, which shield the IP holder from competition. Although the ultimate goal of competition law and IP rights is to contribute to consumer welfare, the methods used to achieve this goal - creating a monopoly on the one hand and maintaining competition on the other hand - seem to be in conflict. This thesis examines the interaction between competition law and patent rights. In particular, it considers whether patent rights can be restricted by the "essential facility doctrine", both under US antitrust law and EU competition law. The essential facility doctrine (EFD) was developed in US jurisprudence as a type of monopolization claim under Section 2 of the Sherman Act. The doctrine has four elements: (1) control of an essential facility by a monopolist, (2) a competitor's inability to practically or economically duplicate the facility, (3) denial of use of the facility to the competitor, and (4) feasibility of providing access to the...
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Competitive Intelligence in pharmaceutical industry
Hubálková, Pavla ; Papík, Richard (advisor) ; Horváth, David (referee)
This diploma thesis describes and analyzes an area of competitive intelligence in the pharmaceutical industry. The work is divided into five parts. The first part deals with competitive intelligence and related aspects, the second part is dedicated to the pharmaceutical industry, with all specifics. The third part deals with competitive intelligence in the intersection with the pharmaceutical industry, the fourth part contains the classification and description of information resources appropriate for the activities of CI and a fifth part presents research, which consists of a questionnaire survey among pharmaceutical companies on the state of competitive intelligence and semi-structured interview with an expert in the area of CI in pharmaceutical company. The survey results represent a certain sub-probe, which demonstrates the strong position of CI as a common standard of pharmaceutical companies. Keywords competitive intelligence, pharmaceutical industry, information needs, drugs, pharmacovigilance, patents, information resources
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Patent Trolls: Do Their Patents Differ?
Trlifaj, Šimon ; Schwarz, Jiří (advisor) ; Wang, Yao (referee)
The United States patent system is undergoing changes, with a sharply increasing number of patent litigations and applications. This Thesis aims at analyzing the role of Non-practicing entities-companies which engage in licensing and litigating patents, as opposed to producing-in the system. Using two unique datasets of 533,720 U.S. patents, I investigate what type of patents these entities uphold. Specifically, I focus on two proxy variables for patent value (forward citations for social value and renewal rate for private value), and analyze patents owned by one of the biggest Non-practicing entities, the Intellectual Ventures. In comparison to two control groups, the results provide some evidence that patents owned by this company: 1) do have an above-average private and social value, and 2) show smaller relation between private and social value. The results support existing research which suggests that Non-practicing entities possess higher proportion of "strategic patents", that are highly privately valuable mainly for their litigation potential.
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The Impact of Judicial Verdicts Regarding Patent Litigation on Stock Prices
Vlčková, Kateřina ; Novák, Jiří (advisor) ; Kvaček, Jan (referee)
This thesis examines the impact of judicial verdicts on patent holders' stock prices. Our dataset contains 40 companies which were involved in a legal dispute concerning patent infringement or patent invalidity and which were judged by the England and Wales High Court (patent court). This work states three main hypotheses which are examined within the empirical part. To understand the impact of a judgement on the stock price of the patent holder we used an event study which measures the impact of economic events on stock prices. We divided the main hypothesis into two parts. The first part examines whether the stock price increases in case of a trial victory and the second part tests whether the stock price decreases in case of a trial defeat. Our empirical analysis refused an alternative hypothesis and so the first part was confirmed. Nevertheless our results did not confirm the second part of the first hypothesis and the stock price shows the positive abnormal return even in case of a trial defeat. On the basic of these results we conclude that judgements influence the stock price in some specific cases but they are not a dominant factor. However we confirm the next hypothesis that the stock price reacts more sensitively to the judgement's announcement in a trial concerning patent invalidity than...
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