New ph.d. students at CIIR – Københavns Universitet

13. januar 2011

New ph.d. students at CIIR

In the fall semester five new ph.d. students have started up their research work at CIIR. 

Amra Agovic is a Bosnian/Australian lawyer and a journalist. The aims of her ph.d. thesis is to analyse the interface between patent law and competition law with a focus on biotechnology and in particular on pharmaceutical patenting in the jurisdictions of the United States and the European Union. The Thesis will look at the specific instruments used by originator companies in order to extend their market presence and thereby induce a sizeable delay in the generic entry into the market. By identifying the major problems between originators' practices and generics' delay into the market, the Thesis seeks to examine a number of possible alternatives that could solve the issue of delayed entry of generics into the market, thereby easing and reducing the expensive access to very much needed medicine.

Torsten Bjørn Larsens ph.d. project title is "Choice of forum and applicable law problems relating to cross-border IP litigation in Europe". Every time an intellectual property right (IPR) has presumably been infringed in more than one country the forum court must decide two basic questions before ruling on the merits. The first question is whether the court has in fact jurisdiction to adjudicate the case (the choice of forum problem) and the second question is what country's law to apply to the case (the applicable law problem). The answers to both questions are found in the private international law. Even though this may seem rather straight forward problems arise with respect to among other things online infringements of IPRs (due to the clinch between globality characterizing the Internet and territoriality characterizing IPRs). Further problems arise since heavy limitations are put on the plaintiff to consolidate his legal actions within the field of IP (due to recent case law from the European Court of Justice).

Ana NordbergAna Nordbergs ph.d. project title is "Nanomedicine and Nanobiotechnology Patents in Europe: Public accessibility v. incentive to scientific research and industrial innovation". Nanotechnology inventions due to their particular nature pose new challenges to the patent system, the objective of this project is to evaluate whether the current patent system is geared towards achieving the correct balance between access and incentives, given the specifics of nanotechnology patents. In order to do so, both the economic aspects of the patent system (i.e. the patent system as a motor for scientific progress and industrial innovation) and also the social and ethical (e.g. access to medicine and state of the art health care) will be examined and taken into account.

Lisa Ibenfeldt Schultz' ph.d. project title is "The right to privacy for legal persons - legal aspects of cloud computing". The rapid growth in the information society and its platform for sharing information both nationally and cross borders causes a need for privacy. The privacy for individuals is protected and is often on the agenda in this country and in various international bodies. This is not the case for legal persons such as companies, organizations, associations and public authorities. The project, therefore, includes a survey of the fragmentary legislation aiming at providing privacy for legal persons such as provisions on defamation and provisions on business secrets. Legislation ensuring confidentiality for public authorities is part of the investigation. The latter is of current interest following the publication of confidential information on the internet site WikiLeaks. Legal aspects of "cloud computing" are included when relevant, especially in respect to information security. The project attempts to uncover whether there is a need for Danish, Community or international general legislation on privacy for legal persons. The project ends with suggestions on how any "gaps" in legislation can be closed."

Helen Wing-Ha Yu's ph.d. project deals with collaborative research partnerships between industry and public research organizations (PROs). Recently, a number of leading PROs have adopted a "new" technology transfer platform designed to bridge the commercialization gap between early stage research and pre-clinical proof of concept. However, an unintended consequence of international research collaborations is the potential for competitive conflict which may arise with respect to the intellectual property (IP) jointly created from the strategic partnership. Given the absence of clear international and national rules on the interplay between US, EU, and other international regimes related to IP, technology transfer, and competition policy, global partnerships have no means to ensure compliance with competition law provisions in the relevant jurisdictions. This project aims to recommend concrete changes to TRIPS to address anti-competitive behavior in the context of technology transfer resulting from collaborative or contract research conducted and/or funded jointly by PROs and the private sector. As the international instrument for the harmonization of IPRs, TRIPS should provide for harmonization of competition law to match the harmonization of IP law.