1. The essential facilities doctrine, intellectual property rights, and access to big dataRok Dacar, 2023, original scientific article Abstract: This paper analyzes the criteria for applying the essential facilities doctrine to intellectual property rights and the possibility of applying it in cases where Big Data is the alleged essential facility. It aims to answer the research question: ‘‘What are the specifics of the intellectual property criteria in essential facilities cases and are these criteria applicable to Big Data?’’ It points to the semantic openness of the ‘‘new product’’ and ‘‘technical progress’’ conditions that have been developed for assessing whether an intellectual property right constitutes an essential facility. The paper argues that the intellectual property criteria are not applicable in all access to Big Data cases because Big Data is not necessarily protected by copyright. While a set of Big Data could be protected by copyright if certain conditions are met, even in such cases the lack of intrinsic value of Big Data significantly limits the applicability of the intellectual property criteria.
Keywords: essential facilities doctrine, intellectual property rights, big data, new product condition, technical progress condition
Published in DKUM: 11.04.2024; Views: 224; Downloads: 27
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2. Biosimilars and the patent lawMarek Świerczyński, Zbigniew Więckowski, 2019, original scientific article Abstract: Biopharmaceuticals are one of the most important recent medical innovations which revolutionised many areas of medicine. Dynamic development of the market for biopharmaceuticals in recent years is related to the expiration of the IP exclusive rights on original innovative biological medicinal products. This has resulted in introduction to the market of biosimilars. One of the greatest challenges concerning the emergence of biosimilars is modifying the law to ensure balance between the market development of biosimilars and access of patients to biological therapy. The development of biopharmaceutical inventions works hand in hand with the patent system. It should be underlined that IP rights in the biopharmaceutical sector are crucial for promoting innovation due to the very long time of product development. It is exactly the area in which patents make sense to fill the gap between innovation and the risk of imitation. However, the existing patent system is too expensive and slow for biotechnology development. It should be further adapted to the needs of biopharmaceuticals.
Keywords: biopharmaceuticals, biologic medicinal product, IP exclusive rights, innovation, intellectual property
Published in DKUM: 15.01.2021; Views: 970; Downloads: 69
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3. Resolving intellectual property disputesHamed Alavi, 2016, original scientific article Abstract: Within recent decades, increasing the complexity of international trade has resulted in changing many dimensions of doing business with other nations and relevant problems to it. Rising the importance of intellectual property rights as intangible assets of companies is considered among most important characters of modern business process which applies to multinational enterprises and other forms of companies who intend to enter the global market place equally. Benefiting from global marketplace and at the same time protecting IPRs is a difficult goal to achieve due to intangible and diverse nature of such rights which results. In practice of international trade, there is high probability for companies to face with IPR related disputes. Therefore, choice of proper IP Dispute Resolution mechanism is an important step in designing overall IP strategy of the firm as an improper IP dispute resolution method can impose high financial costs as well as affecting reputation of the firm. Current paper tries to answer to the question of what is the most suitable dispute resolution method for IP related disputes. And in order to achieve this objective, paper explores different types of IP disputes, different approaches for resolving IP disputes, factors affecting the choice of method for resolving IP disputes and finally, it will analyse application of dispute resolution mechanisms in different types of IP related disputes.
Keywords: intellectual property rights, dispute resolution, international trade, litigation, alternative dispute resolution
Published in DKUM: 02.08.2018; Views: 1414; Downloads: 88
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4. Introduction to copyright and collective management in competition lawJorg Sladič, 2013, original scientific article Abstract: Copyright is an absolute intellectual property right. Historically it is of territorial nature. One of the central issues of copyright is the remuneration of authors. A copyright confers to its holder a legal monopoly comprising certain economic rights that are granted for pecuniary consideration. The economically most efficient way of management of copyright's pecuniary consideration is the collective management. However, collective management covers due to territorial nature of copyright only territory of a certain state. In competition law that might be considered as a monopoly by collecting societies limited to borders of states, in other words there are issues of a possible abuse of a dominant position.
Keywords: copyright, common law, droit d'auteur, civil law, collective management, intellectual property rights, dominant position, abuse of a dominant position, principle of solidarity, copyright related market, search market
Published in DKUM: 01.08.2018; Views: 1300; Downloads: 331
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