MVV380K Patents and Innovation in the Globalized Post-pandemic World

Faculty of Law
Autumn 2023
Extent and Intensity
0/1/0. 3 credit(s). Type of Completion: k (colloquium).
Teacher(s)
prof. JUDr. Branislav Hazucha, LL. D. (seminar tutor), doc. JUDr. Pavel Koukal, Ph.D. (deputy)
doc. JUDr. Pavel Koukal, Ph.D. (seminar tutor)
Mgr. Ondřej Woznica (assistant)
Guaranteed by
doc. JUDr. Pavel Koukal, Ph.D.
Faculty of Law
Contact Person: Mgr. Věra Redrupová, B.A.
Supplier department: Faculty of Law
Timetable of Seminar Groups
MVV380K/01: Mon 6. 11. 10:00–11:40 041, Tue 7. 11. 8:00–9:40 041, Wed 8. 11. 10:00–11:40 041, Thu 9. 11. 16:00–17:40 041, 18:00–19:40 041, B. Hazucha
Course Enrolment Limitations
The course is only offered to the students of the study fields the course is directly associated with.

The capacity limit for the course is 30 student(s).
Current registration and enrolment status: enrolled: 24/30, only registered: 0/30
fields of study / plans the course is directly associated with
there are 80 fields of study the course is directly associated with, display
Course objectives
Patents and Innovation in the Globalized Post-pandemic World explores the role of patents in innovation and technological progress. It examines how private companies, start-ups and universities employ patents in their research and development as well as other commercial activities. It scrutinizes several recent controversies brought by the broadened and strengthened application of patent law to any field of technology as required under the TRIPS Agreement. The studied problems will include issues such as patenting of biotechnological, pharmaceutical and computer-related inventions, using of patents to the results of academic research by universities, and establishments of specialized courts in the field of patent law. As patents tend to be quite technical, several jurisdictions have created specialized patent or intellectual property courts. Although courts’ specialization has its advantages, it also brings certain tensions when specialized courts stretch legal concepts which are also used in other branches of private law, especially contract and tort law.
Learning outcomes
At the end of the course, students should be able:
- to understand and explain practical implications and uses of patents by private companies, start-ups and universities in research and development (R&D) and other commercial activities;
- to comprehend and work with information on differences in obtaining patents through diverse venues under Czech national law, Paris Convention, Patent Cooperation Treaty and European Patent Convention;
- to identify and make reasoned decisions on legal issues and controversies in the cases of patenting biological, pharmaceutical and computer-related inventions; and
- to design legal and business strategies for legislators, courts and private clients once facing any of the abovementioned issues and problems in legislative process, R&D or patent enforcement.
Syllabus
  • 1. Theoretical and empirical perspectives on the role of patents
  • 2. Patents in field of biotechnology and pharmaceutical industry
  • 3. Patents and computer-related inventions
  • 4. University patenting and technology transfer
  • 5. Pros and cons of specialized patent courts
Literature
  • See Teacher's Information for full details.
Teaching methods
Lectures, class discussions, and readings
Assessment methods
Multiple choice test
Language of instruction
English
Further comments (probably available only in Czech)
Study Materials
The course is taught only once.
Teacher's information
Literature

Main reading materials are chapters 17 (Classes 1&3), 29 (Class 4) and 33 (Class 2) from Rochelle Dreyfuss & Justine Pila (eds.), “The Oxford Handbook of Intellectual Property Law” (OUP 2018).

Participants can also find legal provisions of individual international legal documents with commentaries in the following commentaries:

1. Thomas Cottier & Pierre Véron (eds.), “Concise International and European IP Law: TRIPS, Paris Convention, European Enforcement and Transfer of Technology” (3d ed., Kluwer 2015); and

2. Richard Hacon & Jochen Pagenberg (eds.), “Concise Commentary of European Patent Law” (2d ed., Kluwer 2008).

Additional reading materials are as follows:

Class 1:

1. Alberto Galasso & Mark Schankerman, “Patents and Cumulative Innovation: Causal Evidence from the Courts” 130 Quarterly Journal of Economics 317 (2015), available at https://academic.oup.com/qje/article/130/1/317/2337637

Class 2

1. Assoc. for Molecular Pathology v. Myriad Genetics, Inc., 569 U.S. 576 (2013), available at https://supreme.justia.com/cases/federal/us/569/576/

2. Esra Demir & Evert Stamhuis, “Patenting human biological materials and data: balancing the reward of innovation with the ordre public and morality exception” Journal of Intellectual Property Law & Practice (2023), available at https://academic.oup.com/jiplp/advance-article/doi/10.1093/jiplp/jpad052/7191030

3. Ana Nordberg, “Patentability of methods of human enhancement”, 10 Journal of Intellectual Property Law & Practice 19 (2015), available at https://academic.oup.com/jiplp/article/10/1/19/2910778

Class 3

1. Alice Corp. v. CLS Bank Int’l, 573 U.S. 208 (2014), available at https://supreme.justia.com/cases/federal/us/573/208/

2. Bentley Systems/Pedestrian simulation, G 1/19, OJ EPO A77 (2021), available at https://new.epo.org/en/boards-of-appeal/decisions/g190001ex1.html

3. Yahong Li, “The Current Dilemma and Future of Software Patenting”, 50 IIC 823 (2019), available at https://hub.hku.hk/bitstream/10722/294307/1/Content.pdf

Class 5

1. Amy Semet, “Specialized Trial Courts in Patent Litigation: A Review of the Patent Pilot Program's Impact on Appellate Reversal Rates at the Five-Year Mark”, 60 B.C. L. Rev. 519 (2019), available at https://digitalcommons.law.buffalo.edu/journal_articles/991/

Handouts and any other documents will be provided later.

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