A5063293779- Intellectual Property and Patents
- Intellectual Property Law
- Law, AI, and Intellectual Property
- Copyright and Intellectual Property
- Conflict of Laws and Jurisdiction
- Innovation Policy and R&D
- International Arbitration and Investment Law
- Law, Economics, and Judicial Systems
- European and International Law Studies
- World Trade Organization Law
- Corporate Finance and Governance
- Corporate Governance and Law
- Science, Research, and Medicine
- Legal principles and applications
- Cultural Industries and Urban Development
- Corporate Insolvency and Governance
- Digital Transformation in Law
- Ethics and Social Impacts of AI
- Art History and Market Analysis
- Law in Society and Culture
- Archaeological Research and Protection
- Theatre and Performance Studies
- Pharmaceutical Economics and Policy
- Trade Secret Protection Methods
- Firm Innovation and Growth
London School of Economics and Political Science
2012-2024
City, University of London
2011-2022
Goldsmiths University of London
2022
National University of Ireland, Maynooth
2022
University of Kent
2022
University of Leeds
2022
Northampton Community College
2015-2019
Universidad de Londres
2019
Cardiff University
2014
Queen Mary University of London
2011
We compare patent litigation cases across four European jurisdictions—Germany, the UK (England and Wales), France, The Netherlands—using case-level data gathered from filed in jurisdictions during period 2000–2008. Overall, we find substantial differences terms of caseloads—notably, courts Germany hear by far largest number cases, not only absolute terms, but also when taking macro-economic indicators into account—and further important cross-country variances case outcomes. Moreover, show...
The structure of global intellectual property law as incorporated in the World Trade Organization (WTO) Agreement on Trade-Related Aspects Intellectual Property Rights (TRIPS) is implicated current lack COVID-19 vaccines, medical equipment, medicines and diagnostics (hereafter, 'health-technologies'), which are needed to combat pandemic. Although equitable access vaccines moral, political economic interests public requires solidarity, phenomenon 'vaccine nationalism' has brought into sharp...
Abstract This article examines global vaccine inequity during the COVID-19 pandemic. We critique intellectual property (IP) law under 1994 WTO TRIPS Agreement, and specifically, role that IP has played in enabling inequities of production, distribution pricing context. Given failure international response mechanisms, including COVAX C-TAP, to address inequity, we argue waiver proposal should be viewed as offering a necessary proportionate legal measure for clearing barriers cannot achieved...
Abstract We study the effect of fee shifting rules on litigation. First, we build a model to theoretical change in cost-recovery case filings, (postfiling) settlement, win rates, and plaintiffs’ average litigation expenditures. then undertake an empirical analysis introduction intermediate cost rule that falls between English American Rules: reform limits size awards successful litigants cases decided by Intellectual Property Enterprise Court (IPEC), one two venues where IP may be filed...
We compare patent litigation cases across four European jurisdictions – Germany, France, the Netherlands, and UK covering filed during period 2000-2008. For our analysis, we assemble a new dataset that contains detailed information at case, litigant, level for major courts in jurisdictions. find substantial differences terms of case loads. Courts Germany hear by far largest number absolute terms, but also when taking country size into account. important between-country outcomes, share is...
Christian Helmers and Luke McDonagh are based at the Universidad Carlos III de Madrid Cardiff University, respectively. Over course of this article we analyse complete set patent cases filed Patents Court in England Wales during period 2000–2008. The data cover all types patent-related brought before County Court, High Appeal, as well House Lords/Supreme Court. We combine detailed information on court with patents dispute firm-level for litigating parties. Our analysis looks from three...
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We construct a dataset that contains the complete set of patent cases filed at courts in England and Wales during period 2000-2008. The data cover all types patent-related brought before Patents County Court, Court High Appeal, as well House Lords/Supreme Court. combine detailed information on court with patents dispute firm-level for litigating parties. employ to analyze characteristics cases, = parties, contested patents. also provide discussion were heard by costs involved litigation Wales.
Since the 2009 CJEU decision in L'Oréal v. Bellure , idea that a brand's image is property of trade mark owner has become increasingly entrenched within European law. Brand now protected even where there no harm to underlying mark. However, courts have largely failed acknowledge radical ways which marketplace for goods bearing marks changed past three decades. One key shift businesses and marketers longer view brand creation process from top‐down ‘brand performance’ perspective, but, rather,...
The field of robotics is remarkably wide, with many social settings now entailing and increasingly requiring the use robots to support a variety human activities. Unsurprisingly, robots’ form shape, their level intelligence intended purpose can vary significantly depending on relevant industry. 1 Domestic are already reality in growing number family homes. They include both humanoid which those need (such as elderly, people disabilities or children) for household consumer markets, including...
The original TRIPS waiver proposal made by India and South Africa in October 2020 was based on the need for affordable access to medical products prevention, containment of treatment COVID-19 during pandemic. That sought bring into force a WTO States' obligations with regard patents, copyrights, industrial designs undisclosed information as they relate health technologies. In May 2021, we set out legal political case this principles-based waiver. Subsequent negotiations over have been...
This article investigates the phenomenon of litigation undertaken by Patent Assertion Entities (PAEs), often referred to as ‘patent trolls’, within legal system Patents Court (PHC) England and Wales during period 2000-2008. Our analysis shows that patent suits involving PAEs at PHC are rare – they account for less than 6% all cases. We suggest two reasons why does not provide a welcome venue PAE litigation. Firstly, majority cases which reach judgment in UK result ruling invalidating patent....
This study was undertaken by Dr. Luke McDonagh of Cardiff University. To prepare the Dr interviewed 28 participants including large multinational businesses and legal professionals. The responses highlight perceptions of, attitudes towards Court (UPC) Unitary Patent (UP). shows that, whilst there are concerns surrounding new system, professionals hopeful that UP UPC will be successful if these properly addressed.