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Current Patent Strategies in Pharmaceutical Industry and their Impact on EU Competition Law Policies
Molitorisová, Alexandra ; Dobřichovský, Tomáš (advisor) ; Pítra, Vladimír (referee)
The thesis reviews current patent strategies of original pharmaceutical companies and their tangled role in the fabric of European pharmaceutical innovation and competition. It addresses several components of the European pharmaceutical industry such as regulatory framework, patent filing and dispute strategies and competition law. It argues that patent law is embedded in a broader competition law framework however plays on a separate field where it governs primarily the entry to its exclusive space by market actors. However it asserts that competition law should serve as a time referee for the patent law playfield and check if the abusive prolongation of exclusive patent position does not occur. The thesis deliberates that in view of ever rising number of patent applications, abuse of the patent system may become symptomatic to the system. The Commission data presented in the Final Report on the pharmaceutical sector inquiry are again inspected. Although data should be used with caution, it revealed a good quantitative base for assessment of a system which seemingly becomes more entropic, complex and susceptible to abuse. Therefore the underlying principles in both patent and competition law should be upheld more strongly than ever. It is the principle of fairness that should have normative force...
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The principle of fair business transactions
Gajdíková, Markéta ; Eichlerová, Kateřina (advisor) ; Liška, Petr (referee)
- The Principle of Fair Business Transactions The submitted thesis called The Principle of Fair Business Transactions deals with assessment of impacts of private law's recodification on this principle and the issue of its application. The thesis consists of two main parts - theoretical and analytical. The theoretical part is divided into general and specific. The general theoretical part focuses on the specification of the business principle and its emplacement among other similar private law's principles such as principle of good faith and fair dealing and good manners. The aim of this part was to define divergences of each of the principles and the aftermaths of breaking these principles. It is impossible to go through the topic of the principle of fair business transactions globally, especially due to the extensiveness and variety of usage of the principle in business law relationships. Therefore, special attention has been paid to the principle of fair business transactions in the field of contractual penalty in the next theoretical part. In the analytical part, I endeavour to deal with the issue of the exercising of the right of a contractual penalty. In the first part, there is a short discourse on the contractual penalty itself, definition of an inadequate amount of the contractual penalty...
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Usurious contracts within the context of civil law
Šejdová, Kateřina ; Elischer, David (advisor) ; Dvořák, Jan (referee)
Central point of the thesis at hand is the effort to clarify legal consequences arising out of the conclusion of the usurious contract. Its primary aim is to determine whether the usurious contract is voidable or rather null and void and whether it is possible to uphold the usurious contract either by applying the concept of partial invalidity or by judicial balancing of the grossly disproportionate considerations arising out of the usurious contract. This thesis is structured into two parts. The first chapter of the first part briefly introduces paradigms of the rules related to the usury. The second chapter analyzes individual characteristics of the usury. In the third chapter author argues for the possibility to review the contracts (showing the disproportion of considerations, defects of the abused's will and the element of abuse, however, not fulfilling all the characteristics of the usurious contracts due to narrow definition of the usury) by the good-manners-test. Second part of this thesis is divided into three chapters. The first chapter analyzes consequences resulting from the violation of the usury prohibition and their impact on the usurer's and the abused's legal position. This chapter also deals with the difficulties in terms of interpretation of rules governing invalidity of legal...
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Psychological aspects of honesty and cheating
Tefelnerová, Pavla ; Höschlová, Eva (advisor) ; Trojanová, Hana (referee)
This bachelor thesis focuses on psychological aspects of honesty and cheating linking the pieces of knowledge based on not only psychological, but also economical and pedagogical research. The attention of the first chapter is devoted to introduction of the issue outlining the borders between honest and dishonest behaviour and defining several streams of opinions maintaining the attitudes of particular researchers. The studies provided prove that cheating is not regarded as pathology of few individuals, but rather the way of behaviour typical of every single human throughout even more tense circumstances. Furthermore, the second chapter of the thesis deals with personal, situational and demographical factors influencingthe circumstances under which people incline to dishonest behaviour as well as its extent and the ways of cheating. The insight into the mechanism of cheating and its possible ways of influencing is proposed. Hence the results presented in this part of the thesis are based on different methods of survey (questionnaires and experiments), the third chapter is concerned with discussions of their both advantages and limits relating to the particular focus of the entire thesis. The theoretical part is enclosed with overview of the ethical aspects of the survey of honesty and cheating....
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The principle of fair business transactions
Gajdíková, Markéta ; Eichlerová, Kateřina (advisor) ; Liška, Petr (referee)
- The Principle of Fair Business Transactions The submitted thesis called The Principle of Fair Business Transactions deals with assessment of impacts of private law's recodification on this principle and the issue of its application. The thesis consists of two main parts - theoretical and analytical. The theoretical part is divided into general and specific. The general theoretical part focuses on the specification of the business principle and its emplacement among other similar private law's principles such as principle of good faith and fair dealing and good manners. The aim of this part was to define divergences of each of the principles and the aftermaths of breaking these principles. It is impossible to go through the topic of the principle of fair business transactions globally, especially due to the extensiveness and variety of usage of the principle in business law relationships. Therefore, special attention has been paid to the principle of fair business transactions in the field of contractual penalty in the next theoretical part. In the analytical part, I endeavour to deal with the issue of the exercising of the right of a contractual penalty. In the first part, there is a short discourse on the contractual penalty itself, definition of an inadequate amount of the contractual penalty...
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Current Patent Strategies in Pharmaceutical Industry and their Impact on EU Competition Law Policies
Molitorisová, Alexandra ; Dobřichovský, Tomáš (advisor) ; Pítra, Vladimír (referee)
The thesis reviews current patent strategies of original pharmaceutical companies and their tangled role in the fabric of European pharmaceutical innovation and competition. It addresses several components of the European pharmaceutical industry such as regulatory framework, patent filing and dispute strategies and competition law. It argues that patent law is embedded in a broader competition law framework however plays on a separate field where it governs primarily the entry to its exclusive space by market actors. However it asserts that competition law should serve as a time referee for the patent law playfield and check if the abusive prolongation of exclusive patent position does not occur. The thesis deliberates that in view of ever rising number of patent applications, abuse of the patent system may become symptomatic to the system. The Commission data presented in the Final Report on the pharmaceutical sector inquiry are again inspected. Although data should be used with caution, it revealed a good quantitative base for assessment of a system which seemingly becomes more entropic, complex and susceptible to abuse. Therefore the underlying principles in both patent and competition law should be upheld more strongly than ever. It is the principle of fairness that should have normative force...
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