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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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Protection of industrial property and international law
Kubát, Štěpán ; Dobřichovský, Tomáš (advisor) ; Žikovská, Petra (referee)
The aim of this thesis is to provide complex and where possible the most up-to-date view on industrial property protection in international law. Relevant international documents are discussed in detail and even emerging issues and future development in the field of industrial property haven't been forgotten. The first chapter is introductory and aims to highlight the importance of industrial property these days. Therefore it presents lot of statistical data. In the second chapter some practical, historical and law-philosophical roots of intellectual property protection and its international aspect are briefly mentioned. The term "industrial property" itself is presented and explained in the third chapter. The first part tries to give a universal definition, while the second part of the chapter involves analyzing the texts of chosen international treaties, which mostly define industrial property by enumeration. The Fourth chapter is dedicated to the most historically significant documents in the field of industrial property - Paris Convention and TRIPS Agreement - and it focuses on their contained principles. International organizations and their role in the system of intellectual or more precisely industrial property represent the topic of the fifth chapter. The following chapters 6-14 concentrate...
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ACTA as an attempt for international law regulation of the internet.
Růžičková, Zuzana ; Benda, Josef (advisor) ; Šmíd, Milan (referee)
This thesis deals with international Anti-Counterfeiting Trade Agreement, also known as ACTA. It came to attention of public and media in the beginning of 2012 and its ratification in the European parliament had been preceded by extensive protests. The thesis concentrates on the topic of Internet as a worldwide spread independent media and the way ACTA was supposed to interfere with it in the name of copyright defending. The aim of this work has been to create a comprehensive file about ACTA which could serve as an introduction to this issue and also as a minimum for further studying of this subject. The background of preparation of this agreement is described in the first part as well as its accepting in the EU - with emphasis on the Czech Republic - and also similar American bills PIPA and SOPA are mentioned. The second part is addressing the very content of the agreement. The meaning of chapters and sections of ACTA is briefly explained, described is the present law adjustment of the Internet, mainly the law protection of intellectual property on the Internet. The objections of public to ACTA and their evaluation in terms of validity are added in the thesis, too.
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Legal issues of protection of sound recordings of musical compositions
Grishina, Marina ; Boháček, Martin (advisor) ; Votava, Tomáš (referee)
In my diploma thesis i deal with legal aspects of the protection of sound recordings of musical compositions in the Czech Republic and the Russian Federation. In connection with the development of modern technoligies that facilitate access to copyright works, for example the internet, protection of copyright and rights related to copyright is becoming a very important and should be corresponding. The first chapter deals with the definition of the basic concepts of copyright. The second chapter focuses on the issue of copyright infringement and infringement of related rights in the Czech Republic and Russia. In the following section copyright's international treaties (TRIPS, ACTA and others) are analyzed and liabilities, which arise from them. The fourth chapter deals with the issue of enforcement of copyright. In the last chapter, I compare effectiveness of Czech and Russian legal norms for the protection of copyright, based on anonymous sociological research among university students relatively to the origin of audio recordings of musical compositions.
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Duševní vlastnictví a dostupnost léčiv: patentové pooly jako nástroje pro zvýšení dostupnosti ve farmaceutickém průmyslu
Nemkyová, Renata ; Štěrbová, Ludmila (advisor) ; Müller, David (referee)
The doctrine of intellectual property is based on the assumption that the exclusivity to commercialize a novel product granted to an inventor creates incentives to conduct research. In some areas, however, intellectual property can constitute a barrier to development of social welfare. In the area of access to medicines in developing countries, the intellectual property-related problem can take two forms. When needed products are not being developed and thus do not exist, lack of availability occurs. Lack of accessibility, on the other hand, arises when necessary medicines do exist, but their prices are prohibitive for people from resource-poor countries. Based on a detailed analysis of the patent and trade environment in the pharmaceutical sector, the thesis examines the potential of patent pooling as a joint intellectual property management strategy to increase access to medicines within the existing international intellectual property system. Particularly, it analyzes the effects of an existing pharmaceutical pool, the Medicines Patent Pool, on accessibility of antiretroviral medicines in low and middle income countries.
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Monetary claims in intellectual property infringement cases
Sedláček, Václav ; Boháček, Martin (advisor) ; Macek, Jiří (referee) ; Pauknerová, Monika (referee)
The dissertation examines the enforcement of monetary claims in cases of intellectual property rights infringement. It focuses on the Act n. 221/2006 Sb. on the enforcement of intellectual property and on the directive 2004/48/EC of the European parliament and of the Council. The main aim is to evaluate the extent of monetary claims especially with regard on possible overlap or mutual consumption of the claims.The second aim is the analysis of English terminology in relation to the nearest Czech equivalents. The dissertation uses methods of logic induction and abstraction and the international multilateral comparative method, where the use of language plays a crucial role. The exact method of modelling combined with mathematical game theory is used. The dissertation progressively explains terms and relevant enactments. It introduces existing ambiguities. It tries to clarify them by analysing the EU legislation, the implementations in different member states, the statutory and common law in the USA. Consecutively it focuses on unjust enrichment in English law, then in the USA and in the continental system, where this institute is set negatively -- as the unjustified enrichment. Within the whole thesis the analysis takes place in relation to intellectual property rights infringement. In the penultimate chapter, TRIPS and ACTA are compared with the directive 2004/48/EC to provide further explanations. The dissertation concludes that a parallel award of damages and infringer's profits theoretically is possible, when it is not a single flow of value which is concerned by the infringement. The dissertation negatively replies to the question if damages and infringer's profits may be awarded concurrently in two separate lump-sum amounts according to § 5 (2) or (3) of the Act n. 221/2006 Sb. The reason is that the rate of the royalty is applied to sales of the infringer. These sales relate to the unjust enrichment of the infringer. If damages were again calculated by applying the same rate to the same sales, that would be double recovery. But theoretically this possibility cannot be excluded. A real-world example is very hard to find, even in the non-lump-sum form. Collateral sales awarded with lost profit in US law may serve as one. From the EU documents it seems, that infringer's profits is equalled to unjust enrichment and that is translated as unjustified enrichment. But English theory distinguishes restitution of unjust enrichment and gain-based recovery for wrong, the latter encompassing the award of infringer's profits in the form of damages. The broader Czech notion of unjustified enrichment is not to be equalled to unjust enrichment in the pure English notion, because the former encompasses also intentional wrongs. With regard to the restitution of infringer's profits based on unjust enrichment, the intent plays a role. The broader notion of unjust enrichment relevant to intellectual property rights infringement is called interceptive unjust enrichment, where enrichment "from the property of the plaintiff" is at stake and it is also possible to claim profits gained by the infringement. Focus is on the enrichment "from the property", not on the wrong. The dissertation examines the terms "account of profits", apportionment of profits", "disgorgement" and impure negotiorum gestio with regard to intellectual property infringement. In several countries reasonable royalty is regarded as good measure of net gain from the infringement of intellectual property. When the infringement was not innocent or wilful, it's possible to claim not only the objective enrichment but also the subjective enrichment -- profits of the infringer. In Czech law, that is represented by the emoluments from the enrichment. The aim of the last chapter is to evaluate, in the context of the operation of other relevant elements of legal environment, the preventive function of the double royalty claim introduced by the Act n. 221/2006 Sb. By construing a game theory model and using simulation, the thesis concludes that in lower royalty intervals, where attorney's costs are a high burden, the effect of the double royalty is insignificant. Where "more significant infringements" are at stake, and the royalty passes a given frontier, the application of the double royalty heightens the preventive function of the Act. Those "more significant infringements" have two intervals -- with the highest effect of the double royalty and with the "stabilized effect of the double royalty". But overall, in cases of "more significant infringements", the application of the double represents a heightening of the preventive power by a third and fifth respectively, and this is true only in the case, where the prospective infringers would try to calculate the effect of their infringement before infringing.
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The Trade-Related Aspects of Patent Protection in Pharmaceuticals in Selected Asian Economies
Trojanová, Kamila ; Štěrbová, Ludmila (advisor) ; Zamykalová, Miroslava (referee)
The purpose of my thesis is to analyse and compare trade-related aspects of patent protection in pharmaceuticals in China and India. The first chapter addresses the basic economic and legal models devoted to the impacts of intellectual property rights on the pharmaceutical industry in both developed and developing countries. The second chapter describes the development of patent protection in pharmaceuticals in China and in India. The Chapter Three focuses on a comparison of roles and patent strategies of research oriented and generic pharmaceutical companies on the Chinese and Indian markets. The fourth chapter is devoted to the issue of access to medicines in developing countries with emphasis on the role of China and India. Conclusions are drawn in the closing part which focuses on the summary of current issues.
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The Political Economy of Pharmaceutical Intellectual Property Rights: Balancing Innovation and Access
McHugh, Patrick ; Štěrbová, Ludmila (advisor)
The trade-off between innovation and access is a critical problem in pharmaceutical innovation policy. Without adequate intellectual property protection, knowledge is insufficiently appropriable and the output of innovation is sub-optimal. Patents and sui generis forms of intellectual property are policies utilized by the state to foster innovation, creating temporary monopolies for firms to reward their investments in research and development. This paper explores the topic of pharmaceutical innovation policy by discovering the key legal developments that influence the creation of internationally protected and harmonized minimum standards of IP rights. Equipped with a theoretical understanding of IP as a social contract and knowledge about incentives that the law provides, the status quo system of rewarding pharmaceutical innovation is observed though an analysis of the market for new chemical entities, developing an understanding of the relationship between incentives for innovation and market outcomes. Utilizing an extensive analysis of literature, promising policy options are explored for realigning incentives to better optimize the incremental benefits of pharmaceutical innovation while improving access, including public funding of clinical trials, incorporating value-for-money stipulations into reimbursement and marketing approval decisions, and creating prize-based rewards that delink the market for innovations from the market for pharmaceutical products.
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Effects of Intellectual Property Rights Protection on Access to Medicines in Subsaharan Africa
Nemkyová, Renata ; Šaroch, Stanislav (advisor) ; Bič, Josef (referee)
The aim of the text is to defend a thesis: "A uniform and strict regime of intellectual property rights (IPR) protection for all member states of the World Trade Organization harms the less developed ones." The text also pursues the problems strong protection of IPR can cause to developing countries in the area of access to pharmaceutical products. It also evaluates the effects of public health safeguards provided in the Agreement on Trade Related Aspects of Intellectual Property Rights. The first chapter is based on theoretical grounds and it describes the relation between IPR, economics and law. The second chapter defines the international framework for IPR protection and the relation between IPR and developing countries. The third chapter provides information on what to avoid when creating IPR legislation and what to focus on. The final part constitutes of a case study. The subject of the case study is Nigeria and the aim is to characterize current developments in access to antiretrovirals (drugs used to fight HIV/AIDS), to describe the system of patent protection in this country and to outline possible solutions that would lead to improvement in procurement of HIV/AIDS treatment.
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Protection of intellectual property rights in WTO
Jelínková, Hana ; Kalínská, Emílie (advisor) ; Štěrbová, Ludmila (referee)
The graduation thesis surveys present treatment of intellectual property rights and their protection in WTO. The thesis briefly characterizes WTO and describes the development of protection of intellectual property before the TRIPS agreement was concluded. Furthermore, the thesis focuses on the TRIPS agreement in detail because it is the most important instrument of protection of intellectual property rights at present. The thesis critically evaluates the regulation of particular legal institutes in TRIPS agreement and describes disputes of WTO member states in the relevant field. At the end of the thesis there is an outline of means for execution of the rights, present problems in the particular field and possible future development of the regulation.
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