| 1. |
- Papadopoulou, Frantzeska, 1977-
(författare)
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Supplementary Protection Certificates : still a grey area?
- 2016
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Ingår i: Journal of Intellectual Property Law & Practice. - : Oxford University Press. - 1747-1532 .- 1747-1540. ; 11:5, s. 372-381
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Tidskriftsartikel (refereegranskat)abstract
- Supplementary Protection Certificates (SPCs) were introduced in 1992, and have since been considered a very valuable tool for the pharmaceutical industry, allowing for market prolongation and compensating for the effective patent protection time lost in the process of market authorization.Over the past five years, numerous Court of Justice of the European Union (CJEU) rulings have attempted to interpret the provisions of EU Regulation 1901/2009 and provide clarity to patent holders as well as generics manufacturers as to the protection requirements and the scope of protection awarded. This article analyses the implication of major CJEU cases concerning the interpretation of Articles 3(a), 3(d) and 1(b) of the Regulation.The article also discusses the interrelation between the EU SPC Regulation, on the one hand, and the Market Authorization Regulation and the Market Authorization Directive, on the other, and compares the EU system with that provided by the USA. An analysis of recent case law reveals that now, some 25 years after the entry into force of the Regulation, the system is still obscure. A serious concern also arises as to whether the system as it stands today is simply inappropriate to the protection of modern pharmaceuticals and whether this is also one of the reasons for the growing volume of case law in the field.
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| 2. |
- Papadopoulou, Frantzeska, 1977-
(författare)
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Legal Transplants and Modern Lawmaking in the Field of Pharmaceutical Patents : A Way to Achieve International Harmonisation or the Source of Deeper Divergences
- 2016
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Ingår i: IIC-International Review of Industrial Property and Copyright Law. - : Springer. - 0018-9855 .- 2195-0237. ; 47:8, s. 891-911
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Tidskriftsartikel (refereegranskat)abstract
- Modern lawmaking in the field of pharmaceutical patents and surrounding regulation is to a considerable extent based on legal transplants. Legal transplantation contributes to international harmonisation without requiring an international convention, something very attractive for actors in the pharmaceutical sector operating on an international market. Despite its informal character, and alleged efficiency and simplicity in the transfer of legal rules from one jurisdiction to the other, it requires certain caution. A legal rule may very rarely be seen in complete isolation from the rest of the legal system, since in some cases it is not possible to foresee the results of the legal rule in the exporting country before the transplant takes place. In the field of pharmaceuticals, significant examples of legal transplants are the Bolar exemption and the Supplementary Protection Certificate, both transplanted to the EU by the same US Act, the Hatch-Waxman Act. This article evaluates these two legal rules, comparing their strengths and weaknesses to those of the original provisions in order to highlight different aspects of the process of legal transplantation and the effect they have on the formation of the transplanted rules.
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| 3. |
- Papadopoulou, Frantzeska
(författare)
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The Protection of Traditional Knowledge on Genetic Resources
- 2018
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Bok (refereegranskat)abstract
- Traditional knowledge protection methods are becoming increasingly out-dated in the face of modern challenges. Focusing on the protection of traditional knowledge and related genetic resources, this book is the first of its kind to amalgamate a novel theoretical framework with the practical applications of the combined theories of Rawls and Coase.
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| 4. |
- Parsa, Amin, 1985-, et al.
(författare)
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Legislative arts : interplays of art and law
- 2022
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Ingår i: Journal of Aesthetics & Culture. - Abingdon : Taylor & Francis. - 2000-4214. ; 14:1
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Tidskriftsartikel (refereegranskat)abstract
- The relation of law and art is conventionally understood through a disciplinary divide that presents art as an instrument of legal practice and scholarship or, alternatively, presents law as potential context for artistic engagement. Moving beyond disciplinary definitions, in this article we explore how art and law, as modes of ordering and action in the world, often overlap in their respective desires to engage existing material orders. Whereas law's claim of producing order appears self-evident, we try to highlight, through a concept of legislative arts, the often-overlooked similar function of artistic practices. At the heart of what we refer to as legislative arts are practices that aim to challenge law's claim of authority in ordering social life through tactical combinations of elements of art and law. In examining a set of examples that include the Tamms Year Ten campaign to close a super-max prison in the United States, the work of Forensic Architecture and practices of passport forgery, we aim to highlight the possibility of manifesting social orders beyond an exclusive reliance upon state laws. Pointing to the potentials of such legislative arts practices, this article suggests that the material ordering quality of artistic and legal practices can, and perhaps should, be weaponized for challenging and remaking the world of unjust state laws.
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| 5. |
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| 6. |
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| 7. |
- Inghammar, Andreas, 1972-
(författare)
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Empowering National Labour Courts - At Work?
- 2009
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Ingår i: Empowering National Courts in EU Law. - Swedish Institute for European Policy Studies : EO Grafiska AB. - 9789186107093 ; 2009:3, s. 54-76
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Bokkapitel (populärvet., debatt m.m.)
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| 8. |
- Johansson, Peter, 1967, et al.
(författare)
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Cultural expertise in Sami land rights litigation: epistemic strategies in the Girjas and Fosen cases
- 2023
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Ingår i: Jindal Global Law Review. - : Springer Nature. - 0975-2498 .- 2364-4869. ; 14, s. 217-240
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Tidskriftsartikel (refereegranskat)abstract
- How do parties mobilise cultural expertise in Indigenous rights litigation in Scandinavia? Recently, Sami groups have litigated to claim Indigenous rights to land and natural resources, winning some remarkable victories in the Supreme Courts of Norway and Sweden. In this paper, we draw on socio-legal mobilisation theory to analyse the epistemic strategies of Sami litigants and their adversaries in two recent landmark Supreme Court cases on Indigenous rights to usage of land: the 2020 Girjas case in Sweden and the 2021 Fosen case in Norway. Conceptualising cultural expertise as a strategic framing contest, we analyse how the parties struggled over the epistemic basis of the respective case by legitimating their claims to cultural knowledge, drawing on academic research, and discrediting their opponents' epistemic claims. Our findings suggest that in both cases, Sami claimants successfully established an epistemic basis where their traditional, experiential knowledge combined with independent academic expertise effectively challenged the knowledge claims of their adversaries. Yet, both cases also demonstrate how the linkage between Sami Indigeneity and reindeer husbandry in the national law of both countries excludes non-reindeer herding Sami persons from the Indigenous rights affirmed by the courts.
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| 9. |
- Pemunta, Ngambouk Vitalis, 1973-
(författare)
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Human rights and socio-legal resistance against female genital cutting : an anthropological perspective
- 2011. - 1
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Bok (övrigt vetenskapligt/konstnärligt)abstract
- Human rights-based interventions against genital cutting practices (FGC) have increasingly emphasised the need for legislation against such practices with little attention to the consequences. Accordingly,the international community has compelled state parties by linking international development aid to good governance and human rights- the rights of women and children- through the elimination of genital surgeries and other gender-based discriminatory practices by adopting appropriate legislation that will deter practitioners. This ethnographic study explores diverse local reactions among FGC practicing Ejagham ethnicities in Southwest Cameroon. It highlights the dilemmas inherent in an anti-genital cutting legislation. Drawing from the experiences of African countries that adopted anti- FGC legislation, it demonstrates that the ''bifurcated power structure” in the postcolonial Context and therefore multiple overlapping authority systems- between the national government and traditional village authority system - and the state's lack of '”statehardness” are some of the dilemmas compromising the adoption and implementation of an anti-FGC legislation in Cameroon.
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| 10. |
- Trenta, Cristina, Associate professor, docent, 1967-
(författare)
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The role of EU taxation for a more sustainable fashion industry
- 2023
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Ingår i: Taxation and the Green Growth Challenge. - United Kingdom : Edward Elgar Publishing. - 9781035317837 - 9781035317844 ; , s. 184-198
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Bokkapitel (refereegranskat)abstract
- The chapter examines the role that EU taxation plays in support of a transition towards more sustainable production models in the fashion industry. The manufacturing of clothing and apparel, fundamentally treated as disposable goods subject to the ebbs and flows of fashion trends, doubled from 2000 to 2014: while the current global fashion industry production chain carries with it huge economic implications, it has also been shown to have an extremely problematic negative environmental impact, characterized by an elevated consumption of water, and is recognized as one of the most polluting industrial sectors. Currently, a comprehensive and clear EU approach to the problem is missing. The chapter intends to support the critical conversation on the role of taxation in this reconversion process through an examination of the EU position as it may emerge from the ‘EU Strategy for Sustainable and Circular Textiles’ document.
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