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Legal protection of biotechnological and pharmaceutical inventions
Štric, Dušan ; Dobřichovský, Tomáš (referee) ; Růžička, Michal (referee)
Dušan Štric: Legal Protection of Biotechnological and Pharmaceutical Inventions Charles University, Prague, Law Faculty, Institute of Copyright, Industrial Property and Competition Law Doctoral thesis, 150 pages, 2013 Doctoral thesis "Legal Protection of Biotechnological and Pharmaceutical Inventions" is focused on the analyzing especially the substantial law of the biotechnological and pharmaceutical inventions in Europe with taking into the account the proposed changes at the European union level. In the first part are indictaed specific features of the protection of the patents in the field of pharmacology and biotechnology and as well other technical solutions in the designated area. In the second part author describe area of biotechnology and pharmacology as most important natural sciences in the terms of patetning and modern patent law. Primarly author here operate with most used legal institute and it variations in areas of pharmacology and biotechnology. Specific care is taken in regard of differences, especially with exclusions from patentability. The last part is oriented on the mater of the patent infringement and to addition subsequently author analyse as well exceptions from patent infringement. The main objective of the thesis is present the theme in the sense of the newest knowledge...
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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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Competition in the pharmaceutical market after patent expiry
Polívka, Martin ; Koubek, Ivo (advisor) ; Čermáková, Klára (referee)
The bachelor thesis examines the impact of generic drug intake on the pharmaceutical market after the expiry of the original patent patent. First, it focuses on the immediate response of the original drug producer after generic entry and then attempts to estimate how the number of generic substitutes on the market, affects the cost of this drug. Based on the estimated econometric model, a higher number of generic drugs leads to a lower cost of the original drug. However, the main finding is that the generic competition paradox, the paradox where the original drug increases the price after the generic entry, may not be valid in more regulated markets like the Czech one, and therefore broader adoption of generic drugs not only leads to price reductions of these new drugs but leads to lower prices for original medicines as well.
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Legal protection of biotechnological and pharmaceutical inventions
Štric, Dušan ; Dobřichovský, Tomáš (referee) ; Růžička, Michal (referee)
Dušan Štric: Legal Protection of Biotechnological and Pharmaceutical Inventions Charles University, Prague, Law Faculty, Institute of Copyright, Industrial Property and Competition Law Doctoral thesis, 150 pages, 2013 Doctoral thesis "Legal Protection of Biotechnological and Pharmaceutical Inventions" is focused on the analyzing especially the substantial law of the biotechnological and pharmaceutical inventions in Europe with taking into the account the proposed changes at the European union level. In the first part are indictaed specific features of the protection of the patents in the field of pharmacology and biotechnology and as well other technical solutions in the designated area. In the second part author describe area of biotechnology and pharmacology as most important natural sciences in the terms of patetning and modern patent law. Primarly author here operate with most used legal institute and it variations in areas of pharmacology and biotechnology. Specific care is taken in regard of differences, especially with exclusions from patentability. The last part is oriented on the mater of the patent infringement and to addition subsequently author analyse as well exceptions from patent infringement. The main objective of the thesis is present the theme in the sense of the newest knowledge...
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Specific of patent law in pharmaceutical industry
Volšanský, Petr ; Pítra, Vladimír (advisor) ; Růžička, Michal (referee)
1 ABSTRACT SPECIFIC OF PATENT LAW IN PHARMACEUTICAL INDUSTRY This thesis scopes on particularities of patent law with regard to pharmaceuticals. It describes the basics of patent law while focusing mainly on international treaties, in particular on systems established by EPC and TRIPS. The patent system in USA and in the Czech Republic is also noted. This thesis is divided into seven chapters. In the first chapter named sources of law international institutions, treaties and situation in European union, USA and Czech Republic are described here. This chapter also deals with basic legal instruments such as patent, corporate invention or utility model. The next chapter is focused on individual conditions that need to be met in order to grant a certain patent - the most basic are novelty, inventive step and industrial applicability. The following chapter deals with problems associated with costly development of new drugs and the need of companies to get the longest possible protection for their inventions. A special chapter addresses exceptions to the stiff patent regulation. Described in the next chapter is the compulsory license, a legal instrument not very particular in the Czech Republic but relevant in some developing countries used in order to secure better availability of drugs to society. Other...
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Industrial property protection
Čada, Karel ; Jakl, Ladislav (advisor) ; Boháček, Martin (referee) ; Vojčík, Peter (referee) ; Hajn, Petr (referee)
Annotation Innovations have been accompanying the human society during the whole era of its development. The concerns in stimulation of the innovations have lead to efforts for legal protection. Time limitation of patent owner's rights to an exclusive use of a technical solution has been raising opinion disputes during the whole period of its evolution. Even nowadays, in Czech as well as in European context, there are still many questions open in range of the patent protection and to contribute to its better understanding and clarification has been the main goal of this publication. From the point of view of the Czech milieu we have been living in a period of a growing attention paid to innovations while at the same time it has been a period filled with many substantial changes in range of the protection of technical solutions. The Czech Republic's access to the European Patent Convention has within the scope of this international agreement enabled validity of the European patents granted by the decision of the European Patent Office in the Czech territory for the first time. In addition, our country had became a member of the European Communities what has resulted in important changes in legislation regarding the industrial property rights protection and partially regarding the solutions protected by patents as well. These facts have had a considerable impact on the business environment in the Czech Republic, giving the Czech Republic the role of an active player on the European patent playground. This writing deals in particular with the matters of legal protection of inventions and their economic impact, while in some parts of this work, somewhat unsystematically; it swings into contemplations about the industrial property itself. This happens willfully and with an intention to analyze some of the issues in broader context and therewith contribute to better understanding of the complicated and in some cases distinctively contradictory or controversially manifesting relationships. First part of this book characterizes elementary issues of the patent law, thus not only historically but as regards the contemporary European and Czech legal milieu as well. European patent system is represented by the activities of the European Patent Organization and national patent offices. The Community patent system, despite the effort put in during the past 50 years, is still does not exist. However, this does not mean that current system does not provide us with numerous issues enough to contemplate about and analyze. The decisions of the European Patent Office are influenced by the diversity of the historic evolution of the patent systems in various parts of Europe; therefore they can be used as an interesting inspiration and study material for the expert public. That is the reason why there is often referred to them in this work. On the other hand, the legal relations originated from the European patents, after the European patent protection had been granted, are a subject to a review according to the national legislation, therefore it is not surprising that the decisions and results of similar disputes not seldom bring different results. It is therefore worth to analyze them thoroughly. The extent of this work has only allowed me to concentrate only on some of the above mentioned issues, such are the possibility of legal protection of computer2 implemented inventions, issues connected with the extent of the patent protection and basic ideas on financial assessment of technical solutions, primarily of the patents. Some more detailed considerations were included too, such as about the debates and their progress in European level. Herewith I mean the matters concerning the translations of European and possibly Community patents, patent protection quality and in long term, thought until now unsuccessful debates regarding the creation of the European patent judiciary.
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Intellectual property rights
Vlček, Petr ; Lipka, David (advisor) ; Hlaváč, Petr (referee)
Práce se zabývá ochranou intelektuálního vlastnictví jako zdroje monopolní síly na trzích EU. Popisuje, jak byla ochrana odůvodňovaná v historii. Zkoumá obajitelnost ochrany duševního vlastnictví pomocí klasické ekonomie. Analyzuje reálné případy v EU, kdy patenty vedly k narušení volné soutěže.
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