under Article 207 TFEU requires the CJEU to interpret the patent provisions of the TRIPS Agreement and, if so, what are the … implications for patent protection in the EU. It examines whether the Court’s jurisprudence on the direct effect and interpretation … of the substantive patent provisions of the TRIPS Agreement is good law in the post-Lisbon era, arguing that the Court …

Patent Assertion Entities (“PAEs”) are playing a growing role in the United States, but also in Europe. Their …

controversial changes to its patent policy. The changes include a recommended method of calculation of FRAND royalty rates, and a … request to members holding a standard essential patent (SEP) to forego their right to seek an injunction except under limited … discussing the role of patent policies of Standard-Setting Organizations (SSO) and the rules and principles applicable to the …

jurisdictions, comprising: (i) the treatment of licensing practices, including refusals to license; (ii) anti-competitive patent … settlements; (iii) issues concerning standard-essential patents (SEPs); (iv) the conduct of patent assertion entities (PAEs); and …

The paper studies the Lundbeck patent settlement antitrust case of the European Commission from an economic perspective … of patent settlement assessment in Europe. It assesses what we can learn from the U.S. patent settlement debate with … particular focus on the differences in regulatory frameworks of the pharmaceutical sector which are relevant for patent …

An extensive literature exists regarding the patent disclosure and licensing commitments made by participants in … SEPs pertaining to the standards studied. NPEs initiated 64% of all SEP cases and 77% of all unique patent …

This article (an updated version of a 2018 paper) analyses Patent Assertions Entities (PAEs) to determine whether they … their own, and do not manufacture, distribute, or sell products. PAEs have often been said to engage in opportunistic patent … are in the legitimate business of patent licensing and use different business strategies in monetising their patent …

other types of mechanisms in regulatory laws that provide patent-like protection or further strengthen existing patent … drug companies: data exclusivity and patent linkage. As noted in earlier chapters (separately posted on SSRN), not all … competition, a thorough understanding of these requirements (as well as how they intersect with patent protection) is important to …

The patent law regimes of the United States and Europe are ambiguous regarding whether or not the subject matter of … defining technology; and it confounds contemporary decision-making by patent offices on the patentability of inventions and by … physical in order to be technical. Despite such ambiguity, patent law throughout the world is arguably founded on the idea that …

The U.S. has been under pressure to abandon the unique first-to-invent feature of its patent law for awarding patents … innovation. We evaluate this argument in a dynamic stochastic model of a patent race. The result generally supports the …